1982 (7) TMI 74 - HC - Income Tax

Summary

Issues Involved:
1. Interpretation of sections 48, 49, and 50 of the Income-tax Act, 1961.
2. Determination of the cost of acquisition for computing capital gains.
3. Applicability of depreciation obtained by the previous owner (firm) to the assessee (partner).

Summary:

Issue 1: Interpretation of Sections 48, 49, and 50 of the Income-tax Act, 1961
The Tribunal was tasked with interpreting sections 48, 49, and 50 of the Income-tax Act, 1961, to determine whether the cost of acquisition by the firm should be considered the cost of acquisition for the assessee and whether the written down value of the asset on the date of dissolution of the old firm could be taken as the cost of acquisition for computing capital gains.

Issue 2: Determination of the Cost of Acquisition for Computing Capital Gains
The Tribunal found that the plant and machinery, which was a capital asset of the assessee, had been transferred to M/s. G. S. Atwal & Co. (Engineers) Pvt. Ltd. during the previous year. The profit arising from this transfer was deemed to be income chargeable to tax under "Capital gains." The Tribunal concluded that the cost of acquisition should be the cost for which the previous owner (the firm) acquired it, not the written down value of the assets on the date of dissolution.

Issue 3: Applicability of Depreciation Obtained by the Previous Owner (Firm) to the Assessee (Partner)
The Tribunal held that under section 50, if the assessee had not obtained any depreciation, the written down value should not be taken as the cost of acquisition. The depreciation obtained by the previous owner (the firm) could not be treated as depreciation obtained by the assessee. The Tribunal directed the ITO to recompute the capital gains, taking the cost of acquisition of the assets as indicated in its order.

Conclusion:
The Tribunal's interpretation was upheld, concluding that the cost of acquisition should be the cost for which the previous owner acquired the asset, and the depreciation obtained by the firm should not be considered as depreciation obtained by the assessee. The question was answered in the affirmative and in favor of the assessee, with parties bearing their own costs.