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2013 (8) TMI 1026 - AT - Income TaxAdditional depreciation on plant and machinery utilized in its mining operations, windmill operations and computers used in those operations u s 32(l)(iia) - Whether engaged in the production or manufacturing of an article or thing - Held that - Activity carried by the company in its mining division viz., iron-ore processing amounts to production of an article - processing activity carried out by the Company to convert raw iron ore to saleable processed iron ore amounts to production - the activity carried in windmill division viz., generation of electricity, the same also amounts to production of an article or thing - once the company is in the manufacture or production of article or thing, any new machinery or plant purchased would qualify for additional depreciation, irrespective of the fact that the same is directly or indirectly used in the manufacturing or production activity - entitle to additional depreciation on machinery as per the decision of Hon ble Supreme Court in the case of CIT Vs Sesa Goa Ltd 271 ITR 331 - entitled for additional depreciation on windmill operation as per the decision of Madras High Court in the case of CIT Vs V T M Limited 319 ITR 336 - Decided in favor of assessee
Issues Involved:
1. Validity of the CIT's order. 2. Invocation of Section 263 of the ITA. 3. Eligibility for additional depreciation under Section 32(1)(iia) for mining and windmill operations. 4. Adequacy of the Assessing Officer's inquiry. 5. Direction to the Assessing Officer for re-examination. Issue-wise Detailed Analysis: 1. Validity of the CIT's Order: The appellant contested that the CIT's order was ultra vires, bad in law, and contrary to the ITA's provisions and facts. The Tribunal examined whether the CIT's order was valid and found that the CIT's invocation of Section 263 was not justified because the Assessing Officer (AO) had already conducted a detailed inquiry and allowed the additional depreciation based on the appellant's submissions and relevant Supreme Court judgments. 2. Invocation of Section 263 of the ITA: The CIT invoked Section 263, stating that the AO's order was erroneous and prejudicial to the revenue's interest. However, the Tribunal noted that for Section 263 to apply, the order must be both erroneous and prejudicial to the revenue. The Tribunal found that the AO had acted in accordance with the law, and the order could not be deemed erroneous simply because the CIT disagreed with the AO's conclusions. 3. Eligibility for Additional Depreciation under Section 32(1)(iia): The appellant claimed additional depreciation on new plant and machinery used in iron ore processing and windmill operations. The Tribunal referred to the Supreme Court's decision in CIT v. Sesa Goa Ltd. (271 ITR 331), which held that the extraction and processing of iron ore amounts to "production." Similarly, the Tribunal cited the Madras High Court's decision in CIT v. VTM Ltd. (319 ITR 336), which allowed additional depreciation for windmill operations. The Tribunal concluded that the appellant was eligible for additional depreciation under Section 32(1)(iia). 4. Adequacy of the Assessing Officer's Inquiry: The Tribunal examined whether the AO had conducted a proper inquiry into the appellant's claim for additional depreciation. It was noted that the AO had specifically queried the appellant about the additional depreciation and received detailed submissions in response. The Tribunal found that the AO had thoroughly analyzed the appellant's submissions and allowed the additional depreciation based on relevant legal precedents. 5. Direction to the Assessing Officer for Re-examination: The CIT had directed the AO to re-examine the appellant's claim for additional depreciation. However, the Tribunal found that the AO had already conducted a detailed inquiry and allowed the claim based on the appellant's submissions and relevant legal precedents. The Tribunal held that the CIT's direction for re-examination was unnecessary and unjustified. Conclusion: The Tribunal concluded that the AO had acted in accordance with the law and made a proper assessment. The CIT's invocation of Section 263 was found to be unjustified, and the appellant's claim for additional depreciation under Section 32(1)(iia) was upheld. The appeal was allowed in favor of the appellant.
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