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Issues involved: Interpretation of depreciation claim under item III-E(1A) of Part I of Appendix I u/s 256(1) of the Income-tax Act, 1961 for assessment years 1981-82, 1982-83, and 1983-84.
Summary: The High Court of Karnataka, in a judgment delivered by K. Shivashankar Bhat J., addressed the question referred u/s 256(1) of the Income-tax Act, 1961 regarding the eligibility of lorries owned by the assessee for depreciation at 40%. The assessee, engaged in manufacturing plywood, used its lorries primarily for transporting raw materials related to its manufacturing activity, occasionally hiring them out when idle. The court emphasized that the provision for depreciation at 40% applies to vehicles used in the business of running them on hire, requiring a certain regularity in such activity. Given that the assessee's main business was plywood manufacturing and lorry hiring was infrequent, the claim for depreciation under the specified provision was disallowed by the Revenue. The court upheld the Revenue's decision, stating that the assessee's primary activity determines the eligibility for the depreciation claim, which in this case did not align with the criteria specified under item III-E(1A) of Part I of Appendix I. Consequently, the question was answered in favor of the Revenue, affirming the rejection of the assessee's claim for depreciation. This judgment clarifies the distinction between incidental hiring of vehicles and engaging in a business of running vehicles on hire, highlighting the importance of the dominant activity of the assessee in determining eligibility for specific depreciation provisions under the Income-tax Act, 1961.
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