2015 (2) TMI 673 - HC - Income Tax

Accelerated depreciation at the rate of 50% for new commercial vehicles acquired on or after the 1st day of January, 2009, but before the 1st day of October, 2009, and put to use before the first day of October, 2009, for the purposes of business or profession - exhibit P10 notification dated April 21, 2009 challenged - Held that - Benefit of enhanced depreciation was introduced initially through exhibit P9 notification with effect from April 1, 2009. The said benefit was continued till September 30, 2009, through exhibit P10 notification. In so far as the benefit of enhanced/accelerated depreciation was conferred taking into account the policy decision of the Union Government to stimulate the country's economy, it cannot be viewed as a situation similar to the introduction of a new rate of tax during the middle of an assessment year. exhibits P9 and P10 notifications were issued in response to a situation that called for incentives so as to boost the economy that was facing recessionary trends. The measures introduced in the Income-tax Rules to further the policy decision of the Union Government, cannot be seen as akin to the introduction of a new rate of tax, for the purposes of mounting a challenge against the same as arbitrary. Thus, do not find any merit in the challenge against exhibit P10 notification on the ground that the same offends the fundamental rights of the petitioner under article 14 of the Constitution of India. Resultantly, the writ petition fails, and is accordingly dismissed. - Decided against assessee.

Issues Involved:
1. Validity of Exhibit P10 Notification under Article 14 of the Constitution of India.
2. Rationality of Classification for Accelerated Depreciation.
3. Concept of Depreciation and its Application for the Whole Year.
4. Introduction of Enhanced Depreciation in the Middle of a Financial Year.

Detailed Analysis:

1. Validity of Exhibit P10 Notification under Article 14 of the Constitution of India:
The petitioner, an advocate and an assessee under the Income-tax Act, 1961, challenged Exhibit P10 notification dated April 21, 2009, which amended the Income-tax Rules, 1962, to provide for accelerated depreciation at the rate of 50% for new commercial vehicles acquired between January 1, 2009, and September 30, 2009. The petitioner purchased a new motor car on December 11, 2009, and was not entitled to the accelerated depreciation. He argued that the notification differentiated between assessees who purchased vehicles within the specified period and those who did not, thereby infringing his fundamental right against discriminatory treatment under Article 14 of the Constitution of India.

2. Rationality of Classification for Accelerated Depreciation:
The respondents contended that the amendment to the Rules through Exhibits P9 and P10 notifications was a policy decision by the Union Government to stimulate the economy during the global financial crisis. The higher depreciation rate was extended to vehicles purchased within the specified period to support the automobile industry during the recession. The court noted that the classification was based on a rational basis, as it aimed to provide economic stimulus during a specific period of recession, distinguishing vehicles purchased during the recession from those purchased later.

3. Concept of Depreciation and its Application for the Whole Year:
The petitioner argued that depreciation should be applied for the whole year, not just a part of it. The court acknowledged that depreciation is meant to replace the value of an asset to the extent it has depreciated during the accounting period. However, it found that the petitioner was entitled to a 15% depreciation rate for the vehicle purchased during the financial year. Exhibit P10 notification only provided enhanced depreciation for vehicles purchased within the specified period, which did not violate the concept of depreciation under the Income-tax Act.

4. Introduction of Enhanced Depreciation in the Middle of a Financial Year:
The petitioner contended that introducing enhanced depreciation in the middle of a financial year was invalid. The court noted that the benefit of enhanced depreciation was introduced initially through Exhibit P9 notification with effect from April 1, 2009, and continued until September 30, 2009, through Exhibit P10 notification. The court held that the notifications were issued to boost the economy during a recession and were not akin to introducing a new tax rate in the middle of an assessment year. Therefore, the challenge against Exhibit P10 notification on this ground was not meritorious.

Conclusion:
The court found no merit in the petitioner's challenge against Exhibit P10 notification, concluding that the classification for accelerated depreciation was rational and based on a valid policy decision to stimulate the economy during the recession. The concept of depreciation was not violated, and the introduction of enhanced depreciation in the middle of the financial year was justified. Consequently, the writ petition was dismissed.

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