2018 (1) TMI 1353 - AT - Income Tax

Rate of depreciation on plastic moulds used in electric goods - 30% or 15% - The contention of the assessee that in the past, such depredation has been granted - Held that - Respectfully following the decision in the earlier case, higher rate of depreciation allowed - Decided against the revenue.

Summary

Issues:
1. Disallowance of depreciation on plastic moulds used in electric goods.

Analysis:
The appeal before the Appellate Tribunal ITAT Mumbai concerned the disallowance of depreciation on plastic moulds used in electric goods. The issue arose from the order of the Commissioner of Income Tax (Appeals) in appeal No. CIT(A)-53/ACC-36/IT-336/2014-15 dated 22-02-2016, where the Assessment for the year 2011-12 was framed by the Assistant Commissioner of Income Tax, Circle-36, Mumbai under section 143(3) of the Income Tax Act, 1961. The only ground raised by the Revenue in this appeal was against the CIT(A)'s decision to delete the disallowance of depreciation on the plastic moulds.

The facts of the case revealed that the assessee had claimed depreciation on plastic moulds at 30%, which was restricted to 15% by the Assessing Officer. However, the CIT(A) overturned this decision by referring to the Tribunal's previous decision in the assessee's own case. The Tribunal had directed the Assessing Officer in prior years to allow depreciation on moulds at 30%, and since there were no new facts justifying a different stance, the CIT(A) allowed the depreciation at 30% in the present case as well.

Given that the issue was already settled in the assessee's favor by the Tribunal's orders for the assessment years 2007-08 and 2008-09, the Appellate Tribunal upheld the CIT(A)'s decision to delete the disallowance. The Tribunal confirmed that the appellant was entitled to claim depreciation on moulds at 30% based on the earlier Tribunal orders. Consequently, the appeal by the Revenue was dismissed, and the order was pronounced on 31-01-2018.