2012 (8) TMI 1017 - HC - Income Tax

Deduction of depreciation u/s.32 available to a Charitable Trust - double deduction - deduction of depreciation u/s.32 which falls under chapter Profit and gains from business and profession of the Income Tax Act 1961 would be available to a Charitable Trust - Decided against revenue

Summary

Issues:
- Whether the Appellate Tribunal erred in allowing depreciation on assets where the cost was already deducted?
- Whether depreciation under section 32 can be claimed by a Charitable Trust not assessable under the head of 'Profit and gains from business and profession'?
- Whether the value of assets with already deducted costs should be treated as Nil for depreciation purposes?

Analysis:

1. The High Court heard arguments regarding the substantial questions of law raised in the tax appeal. The questions primarily revolved around the treatment of depreciation on assets, the eligibility of a Charitable Trust for depreciation under section 32, and the valuation of assets for depreciation purposes.

2. The Tribunal had previously ruled in favor of the assessee for the Assessment Years 2005-06 and 2006-07, a decision upheld by the Division Bench in Tax Appeal No.933 of 2010. The current tax appeal pertained to the Assessment Year 2008-09, challenging the Tribunal's decision to allow depreciation and deductions.

3. The department contested the Tribunal's decision, arguing that allowing depreciation on assets already deducted would result in double deduction, citing the Supreme Court's decision in the case of Escorts Ltd. The department also questioned the eligibility of a Charitable Trust for depreciation under section 32 and the treatment of asset values with previously deducted costs.

4. The High Court noted that the issues raised in the current tax appeal were similar to those addressed in previous decisions, including Tax Appeal No.933 of 2010. The counsel for the appellant Revenue acknowledged that the questions raised did not present any substantial question of law.

5. Consequently, the High Court dismissed the tax appeal, concluding that the questions raised had been previously addressed and did not warrant further legal consideration. The decision reaffirmed the Tribunal's stance on the matters in question, as established in earlier judgments.