2008 (10) TMI 29 - HC - Income Tax

Additions on account of unexplained share capital and alleged unexplained security deposits u/s 68 - disallowance of depreciation in respect of cast iron moulds and in respect of rolls which were machinery items assessee had discharged the burden for establishing the identity of the shareholders as well as the genuineness of the transactions - hence additions has been rightly deleted by tribunal and depreciation has been rightly been allowed by tribunal appeal by revenue is set aside

Summary

Issues:
1. Deletion of addition of Rs. 33 lacs under Section 68 of the Income Tax Act.
2. Deletion of addition of Rs 35,06,292/- under Section 68 of the Income Tax Act.
3. Disallowance of depreciation of Rs. 15 lacs on cast iron moulds.
4. Disallowance of depreciation of Rs 6,11,145/- on rolls.

Analysis:

Issue 1:
The first issue involved the deletion of the addition of Rs. 33 lacs under Section 68 of the Income Tax Act. The Commissioner of Income Tax (Appeals) and the Tribunal found that the assessee had provided substantial evidence to establish the identity of the shareholders and the genuineness of the transactions. Shareholders had filed returns of income, bank statements, and other relevant documents. The Tribunal confirmed the findings and deleted the addition, concluding it as a pure finding of fact with no legal question arising.

Issue 2:
The second issue dealt with the deletion of the addition of Rs 35,06,292/- under Section 68 of the Income Tax Act related to alleged unexplained security deposits. The Tribunal found that the security deposits were duly recorded in lease rentals and adjusted against final sale prices, thus not qualifying as unexplained cash credits. The agreements with customers, the necessity of security deposits for business, and past assessment year's examination supported the genuineness. The Tribunal upheld the Commissioner's findings, emphasizing these were factual determinations with no legal questions involved.

Issue 3:
Regarding the third issue of disallowance of depreciation of Rs. 15 lacs on cast iron moulds, it was found that the Assessing Officer's premise was incorrect. The lease agreement's commencement date was deemed to be the date of effect, allowing for depreciation claimed by the assessee. Both the Commissioner and the Tribunal concluded that the depreciation was allowable for the year in question based on documentary evidence and the actual use of the assets, dismissing the Assessing Officer's error. A typographical error in the order's mentioning of dates was noted but did not affect the decision.

Issue 4:
The fourth issue involved the disallowance of depreciation of Rs 6,11,145/- on rolls, which was rightly set aside by the Commissioner and the Tribunal. Detailed documentation, including purchase vouchers and agreements, supported the depreciation claim, leading to the conclusion that the Assessing Officer had acted arbitrarily in denying the claim. The Tribunal upheld the findings, emphasizing the admissibility of the depreciation claim under the relevant section.

In conclusion, no substantial legal question arose for consideration, and the appeal was dismissed based on the factual findings and conclusions reached by the Commissioner of Income Tax (Appeals) and the Tribunal.