2013 (12) TMI 1153 - AT - Income Tax

Assessment u/s 143(3) r.w.s. 147 Depreciation on windmill @ 80% or not - Held that - Following K.K.S.K. Leather Processors P. Ltd. v. ITO 2009 (11) TMI 556 - ITAT MADRAS-D - The claim made in the return of income filed within the due date of filing is sufficient for exercising the option as required under the second proviso of rule 5(1A) - Decided against Revenue.

Summary

Issues:
Assessment of depreciation on windmills at 80%, validity of excess depreciation claimed, disallowance of filing fees paid to Registrar of Companies.

Analysis:
The case involved an appeal by the Revenue against the order of the Commissioner of Income-tax (Appeals) regarding the assessment year 2004-05 under sections 143(3) and 147 of the Income-tax Act, 1961. The assessee, a company engaged in manufacturing cotton yarn and power generation through windmills, initially declared income in its return. The Assessing Officer completed the regular assessment but later issued a reopening notice disallowing excess depreciation claimed on windmills and certain expenditure incurred by the assessee. The reassessment disallowed the excess depreciation and filing fees, leading to the assessee's appeal before the Commissioner of Income-tax (Appeals).

In the appeal, the Commissioner relied on a case law to hold that the assessee was eligible for depreciation on windmills at 80%, contrary to the Assessing Officer's decision. The Revenue challenged this decision, arguing that the claim made in the return was not sufficient for exercising the depreciation option. The assessee supported the Commissioner's order. The main issue before the Tribunal was whether the windmills were eligible for depreciation at 80%. The Tribunal noted a previous case law where a similar issue was decided in favor of the assessee, despite the Revenue's appeal to the High Court.

Ultimately, the Tribunal upheld the Commissioner's decision, stating that the Revenue's argument lacked valid grounds to take a different view without distinguishing features. Therefore, the claim made by the assessee for depreciation at 80% on the windmills was accepted. Consequently, the order of the Commissioner was upheld, and the Revenue's appeal was dismissed. The judgment was pronounced in an open court in Chennai on February 12, 2013.