2015 (11) TMI 730 - AT - Income Tax

Depreciation on Chlorine toners - whether @ 60% instead of 15% applicable to plant and machinery of Caustic Chlorine Plant? - Held that - Admittedly, the toners are being used for storage and transportation of chlorine gas generated in the plant of the assessee. Certificate of the experts also indicated that the same was a gas cylinder. Reference is also made to the Gas Cylinders Rules where the term Gas Cylinder has been defined as closed metal container having volume exceeding 500 millilitre but not less than 1000 litres intended for storage and transportation of compressed gas including Liquefied Petroleum Gas (LPG). The Tribunal was correct in law in considering the toners as gas cylinders and accordingly directing the Assessing Officer to allow depreciation @ 60% in Chlorine toners. SEE Commissioner of Income Tax Versus Gujarat Alkalies And Chemicals Ltd. 2014 (2) TMI 77 - GUJARAT HIGH COURT Disallowance of additional depreciation of ₹ 32,29,051/- on computers installed in the factory premises - ITAT deleted the disallowance - Held that - t there cannot be universal preposition of law that computers are used only in offices and not for manufacturing activities. The insistence of the Assessing Officer that the same should therefore be treated as office appliance cannot be countenanced. Perhaps if it was shown that the computers formed part of the integrated manufacturing process, his stand that the same would form part of the plant and machinery may have some basis. In the present case, no such material was available on record. It is not as if that in factory premises, computers cannot be installed for direct use in manufacturing activity; thereby forming part of machinery used in such activity. 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. Whether if the computers were the part of the machinery and plant eligible for additional depreciation u/s 32(1) (iia) of the Act, then allowable depreciation on computers would be 15% instead of 60% as claimed by the assessee? - Held that - In the present case, it is noted that the assessee is engaged in the business of producing chemicals, such as, Caustic Soda, and Caustic Potash and installed a new machinery i.e. Wind Electric Generator. Therefore, in the light of judgment of the Hon ble Madras High Court in case of CIT vs. Texmo Precision Castings (2009 (10) TMI 140 - MADRAS HIGH COURT), the Assessing Officer was not justified to disallow the claim of the assessee. The revenue has not placed any contrary judgment by Hon ble Supreme Court or Jurisdictional High Court. Therefore, we do not see any reason to interfere with same and same is hereby affirmed. The ground of Revenue s appeal is dismissed.

Summary

Issues Involved:
1. Disallowance of additional depreciation on wind electric generator.
2. Disallowance of depreciation on computers installed in the factory premises.
3. Depreciation rate applicable to chlorine tonners.

Detailed Analysis:

1. Disallowance of Additional Depreciation on Wind Electric Generator:

The Revenue's appeal challenged the CIT(A)'s decision to allow additional depreciation on wind electric generators, arguing it was not covered under clause (ii) of section 32 of the Income Tax Act. The CIT(A) had allowed the claim based on the assessee's engagement in manufacturing chemicals and the installation of new machinery (wind electric generator). The CIT(A) relied on several judgments, including CIT vs. VTM Ltd., CIT vs. Hi Tech Arai Ltd., and CIT vs. Texmo Precision Castings, which held that additional depreciation is allowable even if the new machinery is not directly involved in the production of the primary product of the business. The Tribunal upheld the CIT(A)'s decision, citing the Hon'ble Madras High Court's interpretation that section 32(1)(iia) does not require operational connectivity between the new machinery and the primary manufacturing activity. Thus, the ground of Revenue's appeal was dismissed.

2. Disallowance of Depreciation on Computers Installed in the Factory Premises:

The Revenue contended that computers installed in the factory premises should be treated as office appliances, thereby attracting a lower depreciation rate of 20% instead of the 60% claimed by the assessee. The CIT(A) and the Tribunal rejected this argument, noting that computers can be used in manufacturing activities and are not universally confined to office use. The Tribunal emphasized that the Assessing Officer's insistence on treating computers as office appliances lacked basis, especially when no evidence suggested that the computers were part of the plant and machinery. The Tribunal upheld the CIT(A)'s decision, following the Hon'ble Gujarat High Court's ruling that computers used in factory premises for manufacturing activities are eligible for higher depreciation. Consequently, this ground of Revenue's appeal was also dismissed.

3. Depreciation Rate Applicable to Chlorine Tonners:

The Revenue argued that chlorine tonners should be classified as plant and machinery, attracting a depreciation rate of 15%, rather than as gas cylinders eligible for 60% depreciation. The CIT(A) and the Tribunal disagreed, referencing the Hon'ble Gujarat High Court's decision, which classified chlorine tonners as gas cylinders based on their use for storage and transportation of chlorine gas. The High Court's interpretation was supported by expert certificates and the Gas Cylinders Rules, which define gas cylinders as closed metal containers for storing and transporting compressed gas. The Tribunal, following the High Court's ruling and previous judgments by the Delhi and Madras High Courts, affirmed that chlorine tonners qualify for the higher depreciation rate. Thus, this ground of Revenue's appeal was rejected.

Conclusion:

The Tribunal dismissed the Revenue's appeal, upholding the CIT(A)'s decisions on all grounds. The Tribunal's judgment was guided by precedents from higher courts, which consistently supported the assessee's claims for higher depreciation rates on wind electric generators, computers used in manufacturing, and chlorine tonners. The judgment emphasized adherence to legal interpretations and factual assessments aligned with established judicial decisions.