2011 (6) TMI 853 - HC - Income Tax

Subsidy with respect to Sales Tax payable - Tribunal holding that the subsidy received by the assessee cannot be reduced from written down value for purpose of computing depreciation of wind mills - Tribunal committed no error in deciding the issue in favour of the assessee.

Summary

Issues:
- Whether the subsidy received by the assessee can be reduced from the written down value for computing depreciation on windmills.

Analysis:
The case involved an appeal by the Revenue against a Tribunal judgment regarding the treatment of subsidy received by the assessee for installing windmills in the computation of depreciation. The assessee contended that the subsidy was not linked to any capital asset and should not be reduced from the cost of the asset for depreciation purposes. The Assessing Officer had reduced the subsidy amount from the depreciation claimed by the assessee. The CIT (A) reversed the decision, citing a Supreme Court case and emphasizing that the subsidy was an incentive for promoting non-traditional energy sources, not for meeting the acquisition cost of the windmills.

The Tribunal, in its judgment, upheld the decision of the CIT (A) by stating that the incentive was aimed at promoting alternative energy sources, not for acquisition costs. The Tribunal emphasized that the subsidy was not meant to meet the cost of acquisition of windmills but to encourage the development of non-traditional energy sources. The Tribunal rejected the Revenue's appeal, noting that the subsidy did not fall under the scope of explanation 10 to sec.43(1) and was in line with the Supreme Court decision in P.J. Chemicals case.

The High Court, comprising Mr. Justice Akil Kureshi and Ms. Justice Sonia Gokani, agreed with the Tribunal's decision. They found that the subsidy was not for asset acquisition but for developing alternative energy sources, as windmills were acquired in earlier years. Referring to the Supreme Court's reasoning in the P.J. Chemicals case, the High Court emphasized that the subsidy was an incentive and did not qualify as meeting the actual cost of the assets. The High Court dismissed the Tax Appeal, affirming that the Tribunal had not erred in deciding in favor of the assessee based on the facts and legal principles presented.