1995 (12) TMI 2 - HC - Income Tax

Summary

Issues Involved:
The judgment involves issues related to the eligibility of exemption under sections 10(26B) and 10(20A) of the Income-tax Act, 1961, investment allowance, relief under section 80J, deduction of ex gratia payment, levy of interest under section 139(8), relief under section 32A(2), depreciation on shuttering material, and write-off of losses on account of theft and pilferage.

Eligibility for Exemption under Sections 10(26B) and 10(20A):
The Appellate Tribunal partly allowed the applications of both the assessee and the Revenue. The Tribunal referred questions regarding the eligibility for exemptions under sections 10(26B) and 10(20A) of the Income-tax Act, 1961. The court found that income accrued from housing schemes for Scheduled Castes was exempt, while income related to other categories was not exempt. The questions were answered partly in favor of the assessee based on a previous judgment.

Investment Allowance, Relief under Section 80J, and Ex Gratia Payment:
The assessee did not press questions related to investment allowance, relief under section 80J, and deduction of ex gratia payment. These questions were returned unanswered as per the statement of the assessee's counsel.

Levy of Interest under Section 139(8):
The Tribunal confirmed the levy of interest under section 139(8) of the Income-tax Act, holding it as automatic. The court did not delve into this issue further as it was not pressed by the assessee's counsel.

Relief under Section 32A(2) and Depreciation on Shuttering Material:
The Tribunal allowed relief under section 32A(2) and depreciation on shuttering material to the assessee. The court agreed with the Tribunal's finding that shuttering material qualifies as plant and machinery, essential for the construction work, making the assessee eligible for depreciation on it.

Write-off of Losses on Account of Theft and Pilferage:
The court considered whether the assessee was entitled to write off losses amounting to Rs. 5,68,849 due to theft and pilferage. Despite notices issued to employees, recovery was deemed unlikely, and the Tribunal accepted the assessee's claim for the write-off. The court upheld this decision, emphasizing the genuineness of the losses and the lack of hope for recovery.

The judgment concluded by directing the record to be sent back to the Appellate Tribunal for further action in accordance with the court's order.