2007 (3) TMI 746 - HC - Income Tax

Claim for 100% depreciation - Automatic coal system, treating it to be a part and parcel of the boiler? - Depreciation on boiler and furnaces in clause (d) relating to the high efficiency boilers (thermal efficiency higher than 75 per cent in case of coal fired and 80 per cent in case of oil/gas fired boilers) - HELD THAT - It has not been shown by the revenue that coal container, coal conveyer and bucket elevator, dust collecting system can individually be utilised for any other purpose. Apart from the fact that there was no other purpose for the use of this machinery in the assessee s Company, the further fact that these were integral components of the boiler, strengthens the view that they also become eligible to 100 per cent depreciation as was allowed in the case of Cochin Refineries Ltd. 1987 (1) TMI 9 - KERALA HIGH COURT . We are, therefore, of the view that the questions formulated in this case should be answered in favour of the assessee and against the revenue. We accordingly hold that the Tribunal did not err in extending benefit to the assessee towards depreciation at the rate of 100 per cent on the automatic coal system, treating it to be a part and parcel of the boiler, and that on these items the assessee was not required to restrict its claim to 25 per cent. In the result both these appeals are dismissed, but with no order as to costs.

Summary

Issues:
- Whether the Tribunal was justified in granting 100% depreciation on the automatic coal supply system as part of the boiler?
- Can the automatic coal supply system be considered part of the boiler for depreciation purposes?
- Is the assessee entitled to claim 25% or 100% depreciation on certain items by treating them as part of the boiler?

Analysis:
1. The controversy in this case revolves around the entitlement to depreciation on specific components related to a boiler system. The key questions of law include the justification of granting 100% depreciation on the automatic coal supply system and whether it can be deemed an integral part of the boiler for depreciation purposes. Additionally, the issue arises regarding the assessee's claim for either 25% or 100% depreciation on certain items by treating them as part of the boiler.

2. The Income-tax Rules provide for 100% depreciation on Energy saving devices, including specialized boilers and furnaces with high efficiency. The dispute in this case primarily concerns the interpretation and application of these rules to the components of the boiler system, particularly the automatic coal supply system.

3. The core argument presented by the revenue's counsel is that while high efficiency boilers are eligible for 100% depreciation, other components such as the coal container, coal conveyer, bucket elevator, and dust collecting system should qualify for only 25% depreciation. The contention is that these items are not integral parts of the boiler to warrant 100% depreciation.

4. Conversely, the respondent-assessee's counsel argues that these components are essential for modernization and automation, serving no independent purpose apart from being integral to the boiler system. Therefore, they advocate for 100% depreciation on these items based on their inseparable connection to the boiler.

5. The court examined the facts of the case, where the assessee, a Public Limited Company, installed a fluidized bed type boiler and subsequently acquired the coal container, conveyer, elevator, and dust collecting system to enhance boiler utilization. The Assessing Officer initially rejected the claim for 100% depreciation, leading to appeals and subsequent Tribunal rulings.

6. Referring to a precedent involving Cochin Refineries Ltd., the court emphasized the integral nature of components to the main asset for depreciation eligibility. It was established that the disputed components in the present case, being integral to the boiler and lacking individual utility, qualified for 100% depreciation, akin to the Cochin Refineries Ltd. judgment.

7. Ultimately, the court upheld the Tribunal's decision to grant 100% depreciation on the automatic coal system, considering it an inseparable part of the boiler. The judgment favored the assessee, rejecting the revenue's argument and affirming the eligibility for full depreciation on the relevant items.

8. As a result, both appeals were dismissed without costs, concluding the dispute over the depreciation entitlement of the components associated with the boiler system.