2011 (8) TMI 814 - HC - Income Tax

Depreciation at higher rate - In so far as question A is concerned, the issue is covered against the assessee and in favour of the Revenue by virtue of the judgment of this court in Bhagwati Appliance v. ITO (2011 -TMI - 203188 - GUJARAT HIGH COURT) Regarding depreciation claim of the assessee on the vehicle registered in the name of persons other than the assessee - Held that the vehicle though registered in the name of the director was used for the purpose of business of the company, income derived is from leasing the vehicle was shown as income of the company and the entire fund for purchase of the vehicle had also gone from the coffers of the company - Decided in favor of the assessee

Summary

Issues Involved:
1. Challenge to Tribunal's judgment on depreciation claim at a higher rate.
2. Whether depreciation claim on vehicles registered in the name of others is allowable.

Analysis:
1. Depreciation Claim at a Higher Rate:
The Revenue challenged the Tribunal's decision allowing a higher depreciation rate of 40% to the assessee for vehicles given on lease. The High Court referred to previous judgments and held that the assessee, not engaged in the business of hiring out vehicles, was not entitled to the higher rate of depreciation. The court cited the requirement for the user of vehicles in the business of transportation or hire to qualify for the higher rate. The decision was in favor of the Revenue, dismissing the appeal and upholding the Tribunal's order.

2. Depreciation Claim on Vehicles Registered in Others' Names:
Regarding the claim for depreciation on vehicles registered in the name of a director but used for the company's business, the court noted that the income derived from leasing the vehicle was shown as the company's income. The Division Bench declined to entertain the question in a similar case, emphasizing that the vehicles, though registered in directors' names, were owned by the company, and the lease rent was received by the company. Consequently, the court answered this question in favor of the assessee and against the Revenue, modifying the Tribunal's decision accordingly.

In conclusion, the High Court ruled in favor of the Revenue for the first issue, denying the higher depreciation rate to the assessee not engaged in hiring out vehicles. However, for the second issue, the court sided with the assessee, allowing the depreciation claim for vehicles registered in directors' names but used for the company's business. The judgments of previous cases and the specific business activities of the assessee played crucial roles in determining the outcomes for each issue.