2007 (4) TMI 125 - HC - Income Tax

Investment Allowance - Assessee-company demand for investment allowance and depreciation on the additional custom duty paid during the year in respect of machinery imported and installed in an earlier year - Held that assessee claim was correct and allowed

Summary

Issues:
1. Whether investment allowance/depreciation can be claimed on additional customs duty paid for machinery imported in an earlier year?
2. Whether investment allowance/depreciation not claimed initially can be allowed later during assessment proceedings?

Analysis:
Issue 1: The case involved a tax appeal against the Income-tax Appellate Tribunal's order regarding the eligibility of claiming investment allowance and depreciation on additional customs duty paid for machinery imported in a previous year. The assessee initially filed a return admitting a net loss, later claiming investment allowance before the Commissioner of Income-tax (Appeals). The Commissioner rejected the claim as it was not made initially. However, the Tribunal allowed the claim, stating that the additional customs duty should be added to the cost of machinery imported, hence justifying the investment and depreciation allowance. The court cited a previous case where a similar principle was applied, concluding that the Tribunal rightly allowed the claim.

Issue 2: The second issue revolved around whether investment and depreciation allowance not initially claimed could be allowed later during assessment proceedings. The Tribunal's decision to allow the claim based on the payment of additional customs duty in a subsequent period of acquisition was supported by a previous judgment. The court found this principle applicable to the current case as well, leading to the dismissal of the appeal in favor of the assessee. The court highlighted that the claim for investment and depreciation allowance should be allowed based on the principles established in previous cases, even if not initially claimed.

In conclusion, the High Court upheld the Tribunal's decision, dismissing the appeal and ruling in favor of the assessee regarding the eligibility to claim investment and depreciation allowance on additional customs duty paid for machinery imported in an earlier year. The court's judgment was based on established legal principles and precedents, emphasizing the importance of considering all relevant factors in determining the eligibility for such allowances.