2017 (12) TMI 1591 - HC - Income Tax

Carry forward and set off of Depreciation beyond 8 years - unabsorbed depreciation u/s 32(2) - Held that - keeping in view the purpose of the amendment of section 32(2) of the Act, a purposive and harmonious interpretation has to be taken. The court, accordingly, held that the provisions of section 32(2) of the Act, as amended by the Finance Act, 2001, would allow the unabsorbed depreciation allowance available in assessment years 1997-98, 1999-2000, 2000-01 and 2001-02 to be carried forward to the succeeding years, and if any unabsorbed depreciation or part thereof could not be set off till the assessment year 2002-03, then it would be carried forward till the time it is set off against the profits and gains of subsequent years. - Decided against the revenue.

Summary

Issues:
Challenge to order allowing carry forward of unabsorbed depreciation beyond 8 assessment years under section 260A of the Income Tax Act, 1961.

Analysis:
The appellant revenue challenged the order of the Income Tax Appellate Tribunal regarding the carry forward of unabsorbed depreciation beyond 8 assessment years under section 260A of the Income Tax Act, 1961. The questions raised pertained to the interpretation of section 32(2) of the Act for assessment year 1998-99. The controversy revolved around whether unabsorbed depreciation could be claimed beyond eight assessment years. The appellant cited a previous decision by the court in General Motors India P. Ltd. v. Deputy Commissioner of Income Tax, [2013] 354 ITR 244 (Guj.), which concluded in favor of the assessee regarding the applicability of the amendment in section 32(2) from assessment year 2002-03 onwards. The court in the cited decision held that unabsorbed depreciation available before the amendment would be carried forward as per the amended provisions. The court emphasized a purposive and harmonious interpretation of the law, allowing unabsorbed depreciation to be carried forward until set off against profits in subsequent years. The Tribunal's decision aligned with the court's previous ruling, leading to the dismissal of the appeals as no legal infirmity was found in the Tribunal's order.

This judgment clarifies the application of section 32(2) of the Income Tax Act, 1961, specifically in relation to the carry forward of unabsorbed depreciation beyond the prescribed limit of eight assessment years. The court's interpretation, based on a previous decision, highlights the importance of the amendment introduced from assessment year 2002-03 onwards. The decision emphasizes the need for a purposive and harmonious interpretation of the law to ensure unabsorbed depreciation allowances are carried forward until set off against future profits. The judgment provides clarity on the issue at hand and affirms the Tribunal's decision as legally sound, leading to the dismissal of the appeals.