2014 (2) TMI 77 - HC - Income Tax

Depreciation - Whether the chlorine toners used by the assessee were gas cylinders Held that - Gas cylinders including valves and regulators were entitled to depreciation at the rate of 60% - Any vessel that contains such gas and is used either for transportation or storage would satisfy the requirement of being a gas cylinder - Chlorine toners used by the assessee are essentially and in substance nothing but gas cylinders - The Ld. CIT(A) has rightly treated them as gas cylinders and accordingly allowed depreciation at the rate of 60% - Certificate of the experts also indicated that the same was a gas cylinder Relying upon the decision in Commissioner of Income-Tax vs. Goyal MG Gases Ltd. 2006 (1) TMI 48 - DELHI HIGH COURT - Decided against Revenue. Depreciation on computers installed in factory premises Held that - There cannot be universal preposition of law that computers are used only in offices and not for manufacturing activities - There may be number of ways in which installation of a computer may enhance and improve the efficiency - There is nothing on record to suggest that the computers were part of the plant and machinery - CIT(Appeals) and the Tribunal treating the same as simplicitor computers and granting depreciation at the rate prescribed under the law calls for no interference Decided against Revenue.

Summary

Issues:
1. Depreciation rate on toners - gas cylinders or part of plant and machinery?
2. Additional depreciation on computers - office appliances or part of plant and machinery?

Depreciation rate on toners:
The primary issue revolved around whether toners should be classified as gas cylinders, qualifying for a higher depreciation rate of 60%, or as part of plant and machinery eligible for a 15% depreciation rate. The assessee argued that the toners were indeed gas cylinders used for transporting chlorine gas, supported by a certificate from a Government Company's Executive Director. The CIT(Appeals) accepted this argument, leading to the Tribunal affirming the decision. The Tribunal emphasized that the toners were essentially gas cylinders based on their appearance and purpose, thus justifying the higher depreciation rate.

The High Court, after reviewing the arguments and relevant materials, found no reason to interfere with the Tribunal's decision. The Court noted that the toners were used for storing and transporting chlorine gas, meeting the definition of gas cylinders under the Gas Cylinders Rules. Additionally, the Court referenced previous High Court judgments supporting the classification of similar items as gas cylinders, further strengthening the assessee's position. Consequently, the Court upheld the Tribunal's decision, dismissing the Revenue's appeal.

Additional depreciation on computers:
The second issue concerned the classification of computers installed in the factory premises for depreciation purposes. The Assessing Officer considered the computers as either office appliances or part of plant and machinery, warranting a 20% depreciation rate instead of the 60% claimed by the assessee. The CIT(Appeals) overturned the Assessing Officer's decision, which was upheld by the Tribunal. The Tribunal reasoned that computers could be used for manufacturing activities, not solely limited to office use, supporting the higher depreciation rate.

Upon examining the facts and legal precedents, the High Court concurred with the Tribunal's analysis. The Court emphasized that there is no universal rule restricting computer use to offices only, acknowledging their potential role in enhancing manufacturing efficiency. Referring to a previous case where computers were considered part of plant and machinery, the Court affirmed the decision to grant depreciation at the prescribed rate. As a result, the Court dismissed the Revenue's appeal, endorsing the treatment of computers as eligible for higher depreciation under the law.