2019 (9) TMI 1668 - HC - Income Tax

Nature of receipt - sales tax incentives received - allowability of capital receipt - whether incentive was received after commencement of production not utilised for acquisition of plant and machinery? - additional depreciation i.e. 50% is allowable in subsequent assessment year - HELD THAT - Appeal admitted on the substantial questions of law 1. Whether on the facts and in the circumstances of the case the learned Income Tax Appellate Tribunal A Bench Kolkata erred in law in holding that sales tax incentives of Rs. 12.38 lakhs received during the period was capital in nature without considering the fact that the incentive was received after commencement of production not utilised for acquisition of plant and machinery? 2. Whether on the facts and in the circumstances of the case the learned Income Tax Appellate Tribunal A Bench Kolkata erred in law in holding that balance additional depreciation i.e. 50% is allowable in subsequent assessment year? As the respondent is represented by learned counsel issuance and service of notice of appeal are dispensed with Let informal paper books be filed by learned advocate-on-record for the appellant by 22nd November 2019 2019 serving a copy thereof upon the advocate-onrecord for the respondent at least seven days before the date of hearing of the appeal. List the appeal for hearing on 4th December 2019.

Summary

Issues:
1. Capital nature of sales tax incentives received after commencement of production.
2. Allowability of balance additional depreciation in subsequent assessment year.

Analysis:

Issue 1: Capital nature of sales tax incentives
The primary issue in this case pertains to the treatment of sales tax incentives received during a specific period. The appellant challenges the Income Tax Appellate Tribunal's decision, arguing that the incentives should not be considered capital in nature. The Tribunal had categorized the incentives as capital without taking into account that they were received post the commencement of production and were not utilized for the acquisition of plant and machinery. The crux of the matter revolves around the timing of receipt and the purpose for which the incentives were utilized. The appellant contends that the incentives were not used for capital expenditure and therefore should not be treated as such for taxation purposes.

Issue 2: Allowability of balance additional depreciation
The second issue raised in this appeal concerns the allowability of balance additional depreciation, specifically whether 50% of such depreciation is permissible in the subsequent assessment year. The Income Tax Appellate Tribunal, Kolkata, had made a determination regarding the treatment of balance additional depreciation, holding that it is allowable in the subsequent assessment year. The appellant is contesting this decision, questioning the legal basis for allowing the balance additional depreciation in a subsequent year. The interpretation of relevant provisions of the Income Tax Act, 1961, and the precedents set by previous judgments are likely to play a crucial role in determining the outcome of this issue.

In conclusion, the appeal before the Calcutta High Court involves significant questions of law related to the capital nature of sales tax incentives and the allowability of balance additional depreciation in a subsequent assessment year. The arguments put forth by the appellant challenge the decisions of the Income Tax Appellate Tribunal, necessitating a detailed examination of the facts and legal provisions to arrive at a just and equitable resolution. The court has scheduled the hearing for December 4, 2019, indicating the importance and urgency of addressing the issues raised in this appeal.