2013 (9) TMI 801 - AT - Income Tax

Whether Fly Ash Handling System is eligible to be treated as air pollution control equipment for the purpose of granting depreciation at 100% - Held that - Even when Air pollution control equipments are entitled for special rate of depreciation at 100%, still they remain part of machinery and plant as provided in Appendix I - Therefore, the statute itself has taken a view that even though an item belongs to the class of plant and machinery, still it is possible for that item to have its special identity. Therefore, it is only fair to hold that the special status of the Ash Handling System installed by the assessee company does not get diluted only for the reason that it also forms part of the regular plant and machinery of the assessee. The Fly Ash Handling System installed by the assessee while forming part of the plant and machinery erected by the assessee in its factory, still holds the outstanding quality of air pollution control equipment . Therefore, obviously, the Fly Ash Handling System installed by the assessee is entitled for higher amount of depreciation at 100%. Principle of interpretation contained in the legal maxim generalia specialibus non derogant.A special provision normally excludes the operation of a general provision. This principle can be resorted for deciding the competing averments of two provisions in the same enactment, a general and a special provision with some overlapping between the two - In the present case, the Fly Ash Handling System, even though classified under plant and machinery as a general item, is still qualified as a different class under the heading Air pollution control equipment entitled for higher amount of depreciation. Therefore, the special category, under which air pollution control equipment is placed, applies to the Fly Ash Handing System installed by the assessee. Its eligibility for higher amount of depreciation will not be shadowed by the general rate provided for plant and machinery Decided against the Revenue.

Issues Involved:
1. Deduction under Section 80-IB for profits derived by Unit-I and Unit-II.
2. Classification of "Fly Ash Handling System" as Pollution Control Equipment or Plant & Machinery for depreciation purposes.
3. Classification of Electrical Installation as Plant & Machinery or Furniture & Fixture for depreciation purposes.

Detailed Analysis:

1. Deduction under Section 80-IB for Unit-I and Unit-II:
The Revenue challenged the CIT(A)'s decision to allow the assessee the benefit of deduction under Section 80-IB by treating Unit-I and Unit-II as separate entities. The Tribunal noted that this issue was already covered by previous decisions of the Co-ordinate Bench in the assessee's own case for the assessment years 2002-03 and 2005-06. The CIT(A)'s findings were confirmed, and the Revenue's appeal on this ground was dismissed.

2. Classification of "Fly Ash Handling System" for Depreciation:
The Revenue contended that the "Fly Ash Handling System" should be classified as Plant & Machinery, not as Pollution Control Equipment, and thus not eligible for 100% depreciation. The CIT(A) had held that the system was for pollution control, as it controlled the emission of asbestos fibers, a health hazard. The Tribunal initially reversed the CIT(A)'s decision, agreeing with the Revenue that the system was part of the plant and machinery used in the manufacturing process.

However, there was a dissenting opinion from one member of the Tribunal, who argued that the Fly Ash Handling System indeed functioned as a pollution control device and should be eligible for 100% depreciation. This difference of opinion was referred to a third member, who agreed with the dissenting view. The third member emphasized that the system's primary function was to control pollution, despite being part of the plant and machinery. Thus, the Fly Ash Handling System was eligible for 100% depreciation as Pollution Control Equipment.

3. Classification of Electrical Installation for Depreciation:
The issue was whether the electrical installation should be treated as Plant & Machinery or Furniture & Fixture for depreciation purposes. The CIT(A) had allowed higher depreciation by classifying it as Plant & Machinery. Both parties agreed that the matter required further verification. The Tribunal restored the issue to the AO for verification and to grant the assessee an opportunity to substantiate its claim. The Revenue's appeal on this ground was allowed for statistical purposes.

Separate Judgments Delivered:
The Tribunal's decision on the classification of the "Fly Ash Handling System" involved separate judgments due to a difference of opinion between the members. The matter was resolved by a third member, who sided with the view that the system was a pollution control device eligible for 100% depreciation.

Conclusion:
The Tribunal's final orders were:
- The appeals regarding deduction under Section 80-IB were dismissed.
- The classification of the Fly Ash Handling System as Pollution Control Equipment was upheld, allowing 100% depreciation.
- The issue of electrical installation classification was remanded to the AO for further verification.

These decisions were based on detailed legal reasoning and interpretation of relevant provisions and past precedents.

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