1993 (11) TMI 35 - HC - Income Tax

Actual Cost, Development Allowance, Export Business, Income Tax Act, Initial Depreciation, Weighted Deduction

Summary

Issues:
1. Whether conditional subsidy received for a housing scheme should be considered as part of the actual cost for depreciation calculation.
2. Whether weighted deduction under section 35B of the Income-tax Act is allowable for certain expenditures.

Detailed Analysis:

Issue 1:
The case involved the question of whether a conditional subsidy received from the Rajasthan Government for a subsidised housing scheme should be included in the actual cost for depreciation calculation of a labour colony. The Income-tax Officer initially disallowed the depreciation claim on the amount of the subsidy. However, the Tribunal held that the subsidy was not required to be repaid by the assessee and, therefore, should be deducted for determining the actual cost under section 43(1) of the Income-tax Act. The court referred to a previous decision where a similar issue was addressed, concluding that the subsidy was deductible for assessing the actual cost of the labour colony. Consequently, the court upheld the Tribunal's decision, denying the depreciation deduction on the subsidy amount for multiple assessment years.

Issue 2:
Regarding the weighted deduction under section 35B of the Income-tax Act for certain expenditures, the Tribunal disallowed the claim for freight and packing charges, as well as 25% of the staff salary related to export business. The court analyzed the relevant provisions of section 35B, emphasizing that the expenditure on the carriage of goods outside India or on insurance while in transit was excluded from the relief contemplated. Citing various judicial precedents, the court affirmed that expenses on freight, packing charges, and insurance incurred in India were not eligible for weighted deduction under section 35B. The court also upheld the disallowance of 25% of the staff salary, as it was deemed related to export activities. Ultimately, the court concluded that the Tribunal was justified in disallowing the weighted deduction for freight and packing charges, as well as the portion of staff salary associated with export business.

In conclusion, the court ruled in favor of the Revenue and against the assessee on both issues, denying the depreciation deduction on the conditional subsidy and upholding the disallowance of weighted deduction for specific expenditures. No costs were ordered in the judgment.