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Issues Involved:
1. Depreciation on roads. 2. Depreciation rate on laboratory and other equipment. 3. Capitalization of pre-commencement expenses. 4. Eligibility for development rebate on machinery installed before June 1, 1975. Detailed Analysis: 1. Depreciation on Roads: The first issue concerns whether the assessee is entitled to depreciation on roads amounting to Rs. 1,86,260. The court referenced its decision in a related case (T.C. No. 1093 of 1985) involving the same assessee, where it was held that the assessee was entitled to depreciation on roads. Following this precedent, the court answered the first question in the affirmative and against the Revenue. 2. Depreciation Rate on Laboratory and Other Equipment: The second issue pertains to the appropriate rate of depreciation on certain equipment that came into contact with corrosive chemicals. The Tribunal found as a fact that the equipment was exposed to corrosive elements, justifying a 15% depreciation rate instead of the 10% allowed in the assessment. The court upheld this finding, answering the second question in the affirmative and against the Revenue. 3. Capitalization of Pre-commencement Expenses: The third issue involves the capitalization of specific pre-commencement expenses, including horticulture, books and periodicals, and miscellaneous expenses allocated to technical matters. The court provided a detailed analysis: - Horticulture Expenses: The assessee claimed Rs. 11,73,280 for fixing sand to the earth to prevent sand storms and enable construction. The Tribunal found this expenditure to be part of the construction cost, likening it to road laying expenses. The court agreed, referencing the Supreme Court's decision in CIT v. Gwalior Rayon Silk Mfg. Co. Ltd., which held that factory roads could be considered part of the building. - Books and Periodicals: The Tribunal treated books and periodicals as plant with lasting value connected to the construction program, citing the Supreme Court's decision in Scientific Engineering House P. Ltd. v. CIT, which gave a broad interpretation to the term "plant." The court upheld the Tribunal's decision, allowing depreciation on books and periodicals amounting to Rs. 4,03,762. - Miscellaneous Expenses: The Tribunal found that the miscellaneous expenses of Rs. 6,88,081 were incurred in connection with construction activities and should be capitalized. The court agreed with this finding. The court concluded that these expenses should be capitalized for the purpose of allowing depreciation and development rebate, answering the third question in the affirmative and against the Revenue. 4. Eligibility for Development Rebate: The fourth issue concerns the eligibility for a development rebate on machinery installed before June 1, 1975. The Tribunal had accepted evidence that the assessee entered into a contract for the purchase of machinery before December 1, 1973, and installed it before June 1, 1975. The Income-tax Officer disallowed the claim, arguing that the machinery was not used in the assessment year or the immediately succeeding year. The Tribunal held that the development rebate could be claimed either in the year of installation or the succeeding year when the machinery was put to use, and that usage was not a condition for the grant of the rebate. The court examined the provisions of section 16 of the Finance Act, 1974, which continued the benefit of development rebate under specific conditions. It emphasized that both installation and usage for business purposes are prerequisites for claiming the rebate under section 33(1)(a) of the Income-tax Act. The court found that the Tribunal's interpretation that usage was not required was incorrect. The court directed the Tribunal to determine whether the machinery was used for business purposes either in the year of installation or the immediately succeeding year. If not, the assessee would be ineligible for the rebate. Thus, the fourth question was answered in the negative and in favor of the Revenue, subject to the Tribunal's further findings on the usage of the machinery. Conclusion: The court ruled in favor of the assessee on issues 1, 2, and 3, allowing depreciation on roads, a higher depreciation rate for certain equipment, and capitalization of specific pre-commencement expenses. On the fourth issue, the court ruled in favor of the Revenue, emphasizing the necessity of machinery usage for claiming the development rebate, and directed the Tribunal to verify the usage. There was no order as to costs.
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