2011 (4) TMI 723 - HC - Income Tax

Depreciation @ 40% or 100% - transport vehicle as consisting of two parts, viz., cylinder and vehicle - the container mounted on the chassis of the truck is nothing but a gas cylinder and it fits in the description of the gas cylinder mentioned in Appendix I, Part I, item III(ii)F(4) of rule 5 of the Income-tax Rules, 1962, as the description makes it clear gas cylinder include valves and regulators. The mere fact that the container is mounted on the chassis of the truck does not deprive it of the character of the gas cylinder - Held that the liquefied petroleum cylinder mounted on the chassis of the truck for all purposes is a gas cylinder including valves and regulators as defined in Appendix I, Part I, item III(ii)F(4) of rule 5 of the Income-tax Rules, 1962. - The assessee is, therefore, entitled to claim depreciation at 100 per cent - Decided in favour of the assessee

Summary

Issues:
Claiming depreciation on a gas cylinder mounted on a truck - 100% or 40%?

Analysis:

Issue 1:
Whether the gas cylinder mounted on a truck should be treated as a gas cylinder for 100% depreciation or as a transport vehicle for 40% depreciation.

The case involved the interpretation of Section 32 of the Income-tax Act, 1961, regarding the depreciation rate applicable to a gas cylinder mounted on a truck. The assessee treated the item as consisting of two parts - cylinder/tanker and chassis. The dispute arose because the Revenue argued that since the vehicle was registered as a transport vehicle, depreciation should be at 40%. The Tribunal referred the matter to the High Court for opinion.

Issue 2:
Interpretation of the statutory provisions and relevant case laws.

The High Court analyzed the relevant provisions of the Income-tax Rules, specifically Appendix I, Part I, and rule 5. It considered the arguments presented by both parties, focusing on whether the gas cylinder mounted on the truck should be considered a separate entity eligible for 100% depreciation or part of the transport vehicle eligible for 40% depreciation. The Court examined precedents like Gujco Carriers v. CIT and CIT v. Goyal MG Gases Ltd. to determine the correct interpretation.

Issue 3:
Determining the nature and purpose of the gas cylinder mounted on the truck.

The Court emphasized that the essential character of the item, i.e., the gas cylinder, should prevail over its mounting on a truck chassis. It concluded that the gas cylinder, including valves and regulators, retains its identity regardless of being attached to a transport vehicle. The judgment highlighted the legislative intent behind the depreciation provisions and rejected the Revenue's argument that the entire item should be treated as a transport vehicle.

In conclusion, the High Court affirmed the view of the Income-tax Appellate Tribunal, ruling that the gas cylinder mounted on the truck qualifies for 100% depreciation as per the relevant provisions. The judgment clarified the distinction between the gas cylinder and the transport vehicle, emphasizing the statutory language and legislative intent.