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2012 (3) TMI 31 - AT - Income TaxWeighted Deduction - Automobile Industry notified 21.09.04 - Held That - In view of CIT v. Claris Life Science (2008 - TMI - 201802 - Gujarat High Court), dis allowance confirmed. Subscription Charge not treated as Business Expenditure - Held That - In view of Sundaram Industries(1999 -TMI - 15776 - MADRAS High Court), disallowance deleted. TDS - Machining Charges - Re-imbursement of actual expense - Payment for job work and no fee for technical service - Held That - Expenditure is nothing but repairs and rework of the defective brake linings exported by the assessee. Payment does not fall within the category of fee for technical services nor does it fall with the term royalty. In view of Transmission Corporation (1999 - TMI - 5757 - SUPREME Court), no liability to deduct TDS. Additional depreciation - machinery installed in immediately p/y used more than 180 days - only 50% additional depreciation claimed - Held That - The provisions of section 32 of the Act do not provide for carry forward of the residual additional depreciation, if any. order of CIT(A) confirmed. UPS depreciation under Plant & Machinery OR Computer - Held That - Surface Finishing and Equipment (2003 - TMI - 68566 - ITAT JODHPUR), classified as Computer, eligible for higher rate of depreciation.
Issues:
1. Disallowance under section 35(2AB) of the Income Tax Act, 1961. 2. Disallowance of power charges. 3. Disallowance of subscription charges. 4. Disallowance under section 40(a)(i) of the Act. 5. Additional depreciation claim. 6. Higher depreciation on UPS as an energy-saving device. Analysis: 1. Disallowance under section 35(2AB) of the Income Tax Act, 1961: The Revenue challenged the deletion of disallowance made under section 35(2AB) by the CIT(A). The Revenue contended that the deduction could not be granted for the period before the industry was notified as eligible. However, the Tribunal upheld the CIT(A)'s decision based on precedents, including the decision in the case of CIT v. Wheels India Ltd. 2. Disallowance of power charges: The issue of disallowance of power charges was raised by the Revenue. The CIT(A) had deleted the disallowance, but it was agreed by both parties to restore the issue to the Assessing Officer for re-adjudication based on a previous Tribunal order. This issue was common in the Revenue's appeal in ITA No. 1166/Mds/2010, and thus, the same finding applied to that appeal as well. 3. Disallowance of subscription charges: The Revenue challenged the CIT(A)'s deletion of disallowance of subscription charges. The Revenue argued that the payments were not incurred wholly and exclusively for business purposes. However, the CIT(A) upheld the deletion, stating that the payments were vouched, verifiable, and incurred for business expediency. The Tribunal confirmed the CIT(A)'s decision based on the decision in the case of Sundaram Industries. 4. Disallowance under section 40(a)(i) of the Act: The Revenue contested the deletion of disallowance under section 40(a)(i) by the CIT(A). The issue revolved around TDS deduction for payments made for machining charges. The CIT(A) ruled in favor of the assessee, stating that no tax was liable to be deducted as the payments were reimbursement of expenses to foreign customers. The Tribunal upheld the CIT(A)'s decision based on various legal precedents. 5. Additional depreciation claim: The assessee appealed against the disallowance of residual additional depreciation. The dispute centered on the claim for additional depreciation relevant to the assessment year 2005-06. The Tribunal dismissed the appeal, citing that additional depreciation is allowable only in the year of capacity expansion, and there is no provision for carry forward of residual additional depreciation. 6. Higher depreciation on UPS as an energy-saving device: The issue of confirming the disallowance of higher depreciation on the UPS, considered an energy-saving device, was raised. Both parties agreed that a co-ordinate Bench decision supported the assessee's claim for higher depreciation. The Tribunal directed the Assessing Officer to grant the higher rate of depreciation, allowing this ground in the assessee's appeal. In conclusion, the appeals of the Revenue in ITA Nos. 249 and 1166/Mds/2010 were partly allowed for statistical purposes, while the appeal of the assessee in ITA No. 1069/Mds/2010 was also partly allowed.
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