1996 (3) TMI 87 - HC - Income Tax

Summary

Issues:
1. Interpretation of provisions of section 263 of the Income-tax Act, 1961.
2. Allowance of depreciation at 30% on machinery meant for drilling wells and investment allowance on such machinery.

Analysis:
The case involved questions referred by the Income-tax Appellate Tribunal regarding the interpretation of the provisions of section 263 of the Income-tax Act, 1961, and the allowance of depreciation at 30% on specific machinery for drilling wells along with investment allowance. The assessment year in question was 1984-85, with the assessee being a registered partnership firm engaged in drilling bore wells using rigs and compressors.

The Commissioner of Income-tax initially found the assessment order erroneous and prejudicial to the Revenue's interests, arguing that depreciation on machinery should have been allowed at 15% and no investment allowance under section 32A should have been granted. However, the Tribunal, in its order dated May 9, 1991, allowed the appeal filed by the assessee, permitting depreciation at 30% on rigs and compressors and granting investment allowance on the machinery used for drilling operations.

The court referred to a decision by the Andhra Pradesh High Court in a similar case, emphasizing that drilling operations result in the production of underground water, making the assessee an industrial undertaking entitled to investment allowance. The court also noted that the description in the Depreciation Schedule is illustrative, and the drilling equipment used by the assessee fell within the specified category for depreciation at 30%.

Based on the facts and the legal precedent, the court concluded that the assessee qualified as an industrial undertaking and was entitled to both investment allowance and depreciation at the rate of 30% on the equipment. Consequently, the court answered both questions in favor of the assessee and against the Department, with no order as to costs, but allowing counsel fees for both sides.

In summary, the judgment clarified the interpretation of relevant provisions, affirmed the entitlement of the assessee to depreciation and investment allowance, and relied on legal precedents to support its decision.