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Issues Involved:
1. Entitlement to depreciation on capital expenditure for leasehold property under section 32(1A) of the Income-tax Act, 1961. 2. Interpretation of the phrase "where the business or profession is carried on in a building" in section 32(1A). Issue-Wise Detailed Analysis: 1. Entitlement to Depreciation on Capital Expenditure for Leasehold Property under Section 32(1A): The primary issue was whether the assessee was entitled to claim depreciation on capital expenditure incurred for renovating leasehold premises at 83/85, Netaji Subhas Road, Calcutta, despite not carrying on business from those premises but from 23, Brabourne Road, Calcutta. The Income-tax Officer denied the claim, arguing that the business was not conducted from the renovated premises. The Commissioner of Income-tax (Appeals) and the Tribunal, however, directed the Income-tax Officer to allow the depreciation claim, relying on previous decisions for earlier assessment years (1978-79 and 1979-80). The Tribunal emphasized that the subletting of leasehold properties constituted the assessee's business, thereby justifying the depreciation claim. The court noted that section 32(1A) was inserted by the Taxation Laws (Amendment) Act, 1970, to allow depreciation for lessees who incurred capital expenditure on leased buildings used for business. The court underscored that the legislative intent was to grant depreciation for such capital expenses, irrespective of whether the business was conducted directly from those premises or not. 2. Interpretation of the Phrase "Where the Business or Profession is Carried on in a Building" in Section 32(1A): The court examined the restrictive phrase "where the business or profession is carried on in a building" in section 32(1A) and contrasted it with section 32(1), which allows depreciation for buildings owned by the assessee and used for business purposes without such a restrictive phrase. The court explored whether the subletting of a leased building could be construed as carrying on business "in" that building. It referred to the Explanatory Notes and Board's Circular No. 26, which did not clarify the restrictive phrase. The court reasoned that the phrase "carry on" typically means to "conduct and manage" business from a principal office where decisions are made. Despite the restrictive language, the court concluded that the legislative intent was to allow depreciation for capital expenses on leasehold premises used for business, even if the business was not conducted directly from those premises. The court emphasized that a strict interpretation would render section 57(ii) otiose, as it allows depreciation for rental income from leasehold premises assessed under "Income from other sources." The court found it illogical to deny depreciation for business income while allowing it for rental income under section 57(ii). Therefore, it held that the benefit of depreciation should extend to lessees, similar to owners under section 32(1), to avoid anomalies and uphold the legislative intent. Conclusion: The court answered the question in the affirmative, in favor of the assessee, and against the Revenue. It held that the assessee was entitled to claim depreciation on capital expenditure incurred for renovating leasehold premises, even if the business was not directly conducted from those premises. The court emphasized a harmonious interpretation of section 32(1A) to align with the legislative scheme and intent. There was no order as to costs.
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