2016 (5) TMI 42 - HC - Income Tax

Depreciation on the new Turbine Generator (TG) set - Tribunal allowed claim at full rate i.e. 80% by relying on the internal minutes of the meeting between the assessee and the erectors i.e. TEIL Ltd. - Held that - We find that the impugned order of the Tribunal has on the basis of the minutes of the meeting held on 17th November, 2006 found that the TG set is running smoothly and satisfactorily at a load of 1100KW. Further the log sheets maintained by the respondent-assessee for the period from 19th September, 2006 to 26th September, 2006 indicates that the TG set was in fact put to use post its commissioning. The mere fact that the TG set operates on a lower level of load than its capacity would not justify holding that the machine was not put to use for the purposes of claiming depreciation under Section 32 of the Act. The TG set as recorded in the minutes of the meeting as well as in the impugned order was ready for performance. However it was unable to perform beyond the load of 1100KW for want of sufficient generation of steam. This does not detract from the finding of fact that it has been put to use to the extent of load of 1100KW for the purposes of the respondent-assessee s business. Needless to state that extent of user is not the basis of allowing depreciation under Section 32 of the Act. The view taken by the Tribunal is a finding of fact on the basis of the evidence before it. The same has not been shown to us to be either arbitrary and/or perverse in any manner. In these circumstances, as the issue is one of finding of fact no substantial question of law arise for our consideration

Summary

Issues Involved:
Challenge to order of Income Tax Appellate Tribunal regarding depreciation claim on Turbine Generator (TG) set for Assessment Year 2007-08.

Analysis:

1. Depreciation Claim Disallowed by Assessing Officer:
- The respondent-assessee claimed full depreciation at 80% on a 2.2 MW TG set, but the Assessing Officer disallowed it, adding ?1.54 crores to taxable income.

2. Appeal to Commissioner of Income Tax (Appeals) Dismissed:
- The CIT(A) upheld the disallowance, stating that the TG set was not put to full use before 30th September, 2006.

3. Tribunal's Decision on Depreciation Claim:
- The Tribunal analyzed meeting minutes between the assessee and TEIL Ltd. on 17th September, 2006, where the TG set was operated up to 1100 KW.
- The Tribunal found that the TG set was constrained by insufficient steam generation, not its readiness for use.

4. Contention of Revenue's Counsel:
- The Revenue's counsel argued that full load operation is necessary for claiming depreciation at 80%.

5. Tribunal's Findings and Dismissal of Appeal:
- The Tribunal concluded that the TG set was put to use at 1100 KW, justifying the depreciation claim at 80%.
- The Tribunal's decision was based on factual evidence and not shown to be arbitrary or perverse.
- The Court dismissed the appeal, stating no substantial question of law arose for consideration.

In summary, the High Court upheld the Tribunal's decision, emphasizing that the TG set was deemed to be in use at 1100 KW despite operational constraints, justifying the full depreciation claim. The Court found the Tribunal's factual findings to be valid, leading to the dismissal of the appeal challenging the depreciation claim disallowance.