1989 (3) TMI 57 - HC - Income Tax

Actual Cost Depreciation Export Market Development Allowance Investment Allowance Weighted Deduction

Summary

Issues:
1. Deductibility of capital subsidy for depreciation under section 43(1) of the Income-tax Act, 1961.
2. Admissibility of weighted deduction under section 35B on commission paid to Indian agents.

Analysis:

Issue 1:
The case involved a reference under section 256(1) of the Income-tax Act, 1961 regarding the deductibility of a capital subsidy received by the assessee from the Madhya Pradesh Financial Corporation for depreciation purposes. The Income-tax Officer initially reduced the cost of fixed assets by the subsidy amount for depreciation calculation. However, the Commissioner of Income-tax (Appeals) disagreed, leading to an appeal. The Tribunal upheld the claim of the assessee regarding the capital subsidy and allowed depreciation without deducting the subsidy amount. The High Court, following precedent, affirmed the Tribunal's decision, stating that the subsidy amount would not be deductible from the cost of assets for depreciation under section 43(1) of the Act.

Issue 2:
The second question involved the admissibility of weighted deduction under section 35B on the commission paid by the assessee to Indian agents. The Tribunal, after examining the evidence and relevant precedents, allowed the claim for weighted deduction on the commission amount. The Revenue contended that there was insufficient evidence to support the claim. However, the High Court noted that the Tribunal had reviewed the vouchers and evidence presented, concluding that the assessee was entitled to the weighted deduction on the commission paid to Indian agents. As the Tribunal's decision was based on the evidence before it, the High Court upheld the Tribunal's decision, ruling in favor of the assessee on this issue as well.

In conclusion, the High Court answered both questions in favor of the assessee and against the Revenue, affirming the Tribunal's decisions on both issues. The parties were directed to bear their own costs in the reference.