1997 (12) TMI 28 - HC - Income Tax

Investment Allowance Initial Depreciation Condition Precedent Manufacture Of Article Textile Industry

Summary

Issues:
1. Entitlement to initial depreciation and investment allowance under the Income-tax Act for specific assessment years.
2. Determination of whether certain activities amount to manufacture or production as per the Income-tax Act.

Analysis:
The judgment pertains to a case where the assessee, a company engaged in various manufacturing processes on cloth provided by customers, claimed initial depreciation and investment allowance under the Income-tax Act for specific assessment years. The company carried out processes like de-sizing, scouring, mercerising, bleaching, dyeing, printing, and finishing on the cloth received from customers. The dispute arose when the Income-tax Officer rejected the claim, but the Commissioner of Income-tax (Appeals) and the Appellate Tribunal ruled in favor of the assessee, allowing the depreciation and investment allowance. The questions referred to the court revolved around the entitlement of the assessee to these allowances and whether the activities performed could be considered as manufacturing or production under the Income-tax Act.

During the hearing, the Revenue's counsel highlighted a previous judgment where a similar issue was considered by the court, leading to a decision against granting higher development rebate and initial depreciation to the assessee. The assessee's counsel acknowledged the similarity of facts between the previous case and the present one. Consequently, the court relied on the earlier decision and ruled against the assessee, denying the entitlement to initial depreciation and investment allowance. The court granted leave to the assessee to appeal to the Supreme Court based on the precedent set by a previous case where similar leave was granted in light of pending appeals before the Supreme Court.

In conclusion, the court decided against the assessee's claim for initial depreciation and investment allowance based on the precedent set by a previous judgment. The court granted leave to the assessee to appeal to the Supreme Court, considering the ongoing legal proceedings and the similarity of facts with a previously decided case.