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Issues Involved:
1. Ownership of the assets of Sree Muruga Tile Works. 2. Entitlement to depreciation on the assets for the assessment years 1975-76 and 1976-77. Detailed Analysis: 1. Ownership of the Assets of Sree Muruga Tile Works The primary issue was whether the assets of Sree Muruga Tile Works, Pudukkad, were owned by the assessee or the partnership firm. The Tribunal initially found that despite a clause in the partnership deed stating that the assets would remain the exclusive property of the assessee, the assets were treated as the property of the firm in the books of account. This was evident from the balance sheet where all assets and liabilities were recorded as those of the firm. The Tribunal's finding that "the firm and not the assessee is the owner of the assets" was crucial and formed the basis for denying depreciation to the assessee. 2. Entitlement to Depreciation on the Assets The second issue was whether the assessee was entitled to claim depreciation on these assets for the assessment years 1975-76 and 1976-77. The Tribunal's decision that the firm owned the assets led to the conclusion that the assessee could not claim depreciation. The court noted that the Tribunal's finding was not challenged in the form of a specific question, thus precluding the assessee from contesting the ownership issue in subsequent proceedings. Legal Principles and Doctrines: - Res Judicata and Estoppel by Record: The court discussed the applicability of res judicata and estoppel by record, emphasizing that these doctrines do not typically apply to income-tax assessments as they are administrative decisions, not judicial determinations. However, the court acknowledged that decisions of a fundamental nature by higher judicial bodies, such as High Courts, could operate as res judicata. - Constructive Res Judicata: The court held that the principle of constructive res judicata could apply to prevent the assessee from re-litigating the issue of asset ownership in subsequent years, given that the Tribunal's finding was not challenged earlier. Court's Conclusion: The court concluded that the Tribunal's finding that the assets belonged to the firm was binding and precluded the assessee from claiming depreciation. The court answered the first question in the negative, in favor of the Department, and declined to answer the second question as it was rendered moot by the resolution of the first issue. Final Orders: A copy of the judgment was ordered to be forwarded to the Income-tax Appellate Tribunal, Cochin Bench, under the signature of the Registrar and the seal of the court.
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