1991 (2) TMI 19 - HC - Income Tax

Depreciation, Export Market Development Allowance, Investment Allowance, Question Of Law, Weighted Deduction

Summary

Issues:
1. Under-valuation of closing stock
2. Allowance of investment allowance and depreciation on technical services
3. Allowance of investment allowance on computer
4. Deduction under section 35B on foreign travel expenses
5. Allowance of investment allowance on air-conditioning plant

Analysis:

Under-valuation of closing stock:
The petitioner challenged the deletion of an addition of Rs. 7,72,465 for under-valuation of closing stock. The Income-tax Appellate Tribunal upheld the deletion based on a previous order for a different assessment year. The court noted that the Department had accepted the closing stock for a subsequent year as the opening stock. Therefore, the court considered this issue as a question of fact.

Investment allowance and depreciation on technical services:
The Tribunal directed the allowance of investment allowance and depreciation on a sum of Rs. 3,11,270, which was categorized as technical services. The court deemed this issue as a question of law, as it involved the interpretation of whether technical services could be considered as plant for the purpose of investment allowance and depreciation.

Allowance of investment allowance on computer:
The Tribunal allowed investment allowance on a computer, despite the restriction in Schedule XI of the Income-tax Act. The court viewed this issue as a question of fact, as it was determined that the computer aided in the manufacturing process and was not merely office equipment.

Deduction under section 35B on foreign travel expenses:
The Tribunal directed the allowance of deduction under section 35B on foreign travel expenses of Rs. 3,49,752, following a previous order. The court found that individual expenses were not examined thoroughly by the authorities. Hence, the court directed the Tribunal to refer this issue as a question of law.

Allowance of investment allowance on air-conditioning plant:
The Tribunal allowed investment allowance on an air-conditioning plant, contrary to a precedent set by the Madhya Pradesh High Court. The court considered this issue as a question of fact, noting that the air-conditioning plant was utilized in the factory operations.

The court disposed of the petition, directing the Tribunal to refer specific questions related to investment allowance, depreciation, and deduction under section 35B for further consideration. No costs were awarded in the judgment.