2006 (4) TMI 58 - HC - Income Tax

Question arises relating to depreciation on electric installations in fully fashioned unit, extra shift allowance i.r.o. three units, rate of depreciation on generator and electric transformers and whether refinery unit is eligible for deduction u/s 80J Held all the matter in favour of assessee

Issues:
1. Depreciation on Electric Installations in Fully Fashioned Unit
2. Extra Shift Allowance on Oil Tanks in Vanaspati Units and Storage Tank and Cooling Tower in Refinery Units
3. Depreciation on Generator and Electric Transformers
4. Classification of Refinery Units as 'Industrial Undertakings' for Investment Allowance
5. Investment Allowance on Electric Installations like Humidifiers in Wool Combers Unit
6. Claim for 'Leave with Wages'

Issue 1: Depreciation on Electric Installations in Fully Fashioned Unit
The Tribunal allowed depreciation on Electric Installations in the Fully Fashioned Unit as an integral part of machinery, which the Revenue failed to dispute. The High Court upheld the Tribunal's decision, stating that since the Electric Installations were integral to the machinery, depreciation was rightly allowed.

Issue 2: Extra Shift Allowance on Oil Tanks in Vanaspati Units and Storage Tank and Cooling Tower in Refinery Units
The Tribunal found that the oil tanks, storage tank, and cooling tower were integral parts of the plant, and there were no restrictions on granting extra shift allowance. The High Court agreed with the Tribunal's findings, emphasizing that the Revenue did not challenge the correctness of the decision. Therefore, the allowance of extra shift allowance was upheld in favor of the assessee.

Issue 3: Depreciation on Generator and Electric Transformers
The Tribunal allowed depreciation on Generator and Electric Transformers based on previous orders and principles established in case laws. The High Court noted that the Revenue did not challenge this issue in subsequent proceedings after the Tribunal's decision against them. Citing legal principles, the Court held that the Revenue could not raise the issue again, and thus, depreciation on Generator and Electric Transformers was allowed in favor of the assessee.

Issue 4: Classification of Refinery Units as 'Industrial Undertakings' for Investment Allowance
The High Court referred to a previous judgment where the same issue was decided in favor of the assessee. Following the precedent, the Court held that the Refinery Units were classified as 'Industrial Undertakings' for the purpose of Investment Allowance, ruling in favor of the assessee.

Issue 5: Investment Allowance on Electric Installations like Humidifiers in Wool Combers Unit
Citing a judgment from the Gujarat High Court, the High Court determined that investment allowance was applicable to AC plants, electric installations, and transformers as integral parts of plant and machinery. The Court agreed that humidifiers in wool combers were part of the plant and allowed investment allowance, favoring the assessee.

Issue 6: Claim for 'Leave with Wages'
The High Court referred to a Supreme Court judgment and a previous case involving the same assessee to support the claim for 'Leave with Wages.' Since no contrary view was presented by the Revenue, the Court ruled in favor of the assessee, allowing the claim for 'Leave with Wages.'

This detailed analysis of the judgment addresses each issue raised in the case, outlining the Tribunal's decisions and the High Court's rulings on each matter, ultimately favoring the assessee in most instances based on legal principles and precedents.

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