1996 (7) TMI 75 - HC - Income Tax

Summary

Issues:
1. Disallowance of garden expenses and direction to produce further evidence.
2. Disallowance of depreciation on building and installations and direction to re-examine.
3. Allowance of extra-shift allowance for assets used for a specific period.

Analysis:
1. The Tribunal confirmed the disallowance of garden expenses for maintaining lawns and gardens in various locations. The disallowance was based on the view that certain gardens were not connected to the business and were not necessary. The Tribunal upheld the disallowance for gardens in Calcutta, Jaipur, and Sawai Madhopur. For the garden in Delhi, located far from the business premises and with no apparent business use, the disallowance was also confirmed. The Tribunal permitted the assessee to produce further evidence regarding the business use of the garden, but the High Court found that the Tribunal was not justified in allowing this and directing a re-examination by the Income-tax Officer.

2. The assessee claimed depreciation on a building and installations in a garden in Delhi. The Tribunal found these assets were not connected to the business and therefore not entitled to depreciation. The Tribunal also contested the rate of depreciation. The High Court agreed with the Tribunal's findings and upheld the disallowance of depreciation on these assets, stating they were not business-related.

3. Regarding the claim for extra-shift allowance, the Tribunal held that the allowance cannot exceed the normal depreciation. The assessee argued for full extra-shift allowance for assets used for a specific period. The High Court referred to a previous decision and held that the Tribunal was not justified in allowing extra-shift allowance equal to normal depreciation for assets used for a specific period. The reference was answered in favor of the Revenue.

In conclusion, the High Court upheld the disallowances of garden expenses and depreciation, and rejected the claim for extra-shift allowance. The Tribunal's decisions to permit further evidence and to allow extra-shift allowance were deemed unjustified.