2011 (11) TMI 876 - AT - Income Tax

Summary

Issues involved:
The judgment involves two main issues:
1. Depreciation rate on electrical fittings
2. Depreciation on expenses related to setting up a breakwater in the port

Issue 1: Depreciation rate on electrical fittings
The Revenue appealed against the Commissioner of Income-tax(Appeals) decision to allow depreciation on electrical fittings at 25% instead of the 15% rate allowed by the assessing authority. The Revenue argued that electrical fittings should be depreciated at the same rate as furniture and fittings. The assessee contended that electrical fittings are distinct from furniture and fittings. The Tribunal noted that the Commissioner of Income-tax(Appeals) could have requested a remand report from the assessing authority to clarify any misinterpretation. The Tribunal found the procedure adopted by the Commissioner of Income-tax(Appeals) unacceptable and remitted the issue back to the assessing authority for reconsideration based on the submissions of the assessee and the Commissioner's observations.

Issue 2: Depreciation on expenses related to setting up a breakwater in the port
The second issue addressed was the depreciation on expenses incurred for constructing a breakwater in the port. The assessee had paid license fees to the District Collector for mining boulders to build the breakwater. The assessing authority allowed depreciation on part of the direct construction costs but excluded depreciation on expenses related to license fees and other incidental costs. The Commissioner of Income-tax(Appeals) disagreed and allowed depreciation on the excluded expenses. The Tribunal agreed with the Commissioner, stating that the license fee and other expenses were incurred exclusively for constructing the breakwater and should be included in the depreciation calculation. The order of the Commissioner of Income-tax(Appeals) on this issue was upheld.

The judgment pronounced on November 29, 2011, in Chennai, involved appeals by the Revenue against the Commissioner of Income-tax(Appeals) decisions regarding depreciation rates on electrical fittings and expenses for constructing a breakwater in the port. The Tribunal remitted the issue of depreciation rate on electrical fittings back to the assessing authority for reconsideration and upheld the Commissioner's decision on including all expenses related to the breakwater construction in the depreciation calculation.