1989 (1) TMI 40 - HC - Income Tax

Summary

Issues:
1. Depreciation on water supply system and miscellaneous equipment
2. Extra shift allowance and development rebate on specific items
3. Eligibility of roads and fences for depreciation
4. Relief under section 80J for the assessment year
5. Special rate of depreciation on water supply system and miscellaneous equipment

Analysis:
The judgment pertains to income-tax referred cases arising from the appellate order of the Income-tax Appellate Tribunal for the assessment years 1975-76 and 1976-77. The primary issue revolves around the claim of depreciation, extra shift allowance, and development rebate on specific items like the water supply system and miscellaneous equipment by the assessee, who operates a rubber factory. The Income-tax Officer and the Appellate Assistant Commissioner initially denied these claims, but the Tribunal ruled in favor of the assessee, considering the necessity of water supply and the miscellaneous equipment in a rubber factory. The Tribunal directed the Income-tax Officer to allow depreciation at 15% on these items and also permitted extra shift allowance and development rebate.

Regarding the eligibility of roads and fences for depreciation, the Income-tax Officer initially disallowed depreciation on these items, but the Appellate Assistant Commissioner and subsequently the Tribunal allowed the claim. The Tribunal considered roads as part of the building and fences as necessary for protecting the property, thus entitling the assessee to depreciation on these items.

In terms of relief under section 80J, the Tribunal upheld the Appellate Assistant Commissioner's decision that the assessee was entitled to relief at 6% of the capital without reference to the period of operation. The Tribunal also addressed the special rate of depreciation on the water supply system, miscellaneous equipment, and weighing machine, affirming the assessee's entitlement to the special rate.

The judgment emphasizes the necessity of water supply and miscellaneous equipment in a rubber factory, leading to the allowance of depreciation, extra shift allowance, and development rebate. It also highlights the treatment of roads and fences for depreciation purposes, indicating that further examination by the Tribunal is required to determine the eligibility of these items based on relevant facts. The decision favors the assessee on multiple issues, directing the Tribunal to re-examine certain aspects and allowing costs to be borne by the respective parties.