2014 (6) TMI 802 - AT - Income Tax

Additional deprecation - whether embroidery work earned on embroidery machines is manufacturing activity or not - installation of embroidery machines Held that - Since the issue has been decided by Hon ble ITAT Ahmedabad Bench in several cases in favour of the assessee including the decision, no interference is required - Decision in the case of ITO vs. Aswani Industries 2014 (6) TMI 560 - ITAT AHMEDABAD followed - Revenue has not brought any contrary binding decision in its support of the facts - assessee is eligible for additional depreciation Decided in favour of Assessee.

Summary

Issues:
Allowability of additional depreciation on installation of embroidery machines.

Analysis:
The appeal was filed against the order of CIT(A)-I, Surat for A.Y. 2008-09. The Assessee, an individual and proprietor of two businesses, filed her return of income declaring total income at Rs. Nil. The assessment under section 143(3) determined the total income at Rs. 21,43,290. The main issue raised in the appeal was the disallowance of additional depreciation of Rs. 12,25,300 on the installation of embroidery machines. The Assessing Officer (A.O) disallowed the claim as he considered the embroidery job work on sarees as mere value addition and not manufacturing or production activity. CIT(A) upheld the A.O's decision, stating that embroidery work is not manufacturing but value addition. The Assessee appealed before ITAT, arguing that the issue of additional depreciation on embroidery machines had been settled in her favor by previous tribunal decisions. The Assessee provided copies of relevant decisions to support her claim. The ITAT noted that the Assessee was engaged in embroidery work and had acquired machinery for which additional depreciation was claimed. Referring to previous tribunal decisions, ITAT held that the Assessee was eligible for additional depreciation on the embroidery machines. The ITAT directed the A.O to allow the Assessee's claim for additional depreciation, thereby allowing the appeal and ruling in favor of the Assessee.

Conclusion:
The ITAT, in its judgment, allowed the Assessee's appeal regarding the allowability of additional depreciation on the installation of embroidery machines. The decision was based on the findings that the Assessee was engaged in embroidery work and previous tribunal decisions supported the eligibility of the Assessee for additional depreciation on the machinery. The ITAT directed the A.O to allow the Assessee's claim, thereby overturning the decisions of the A.O and CIT(A) and ruling in favor of the Assessee.