2016 (5) TMI 572 - AT - Income Tax

Additional depreciation under Section 32(1)(iia) in respect of the new plant and machinery installed and used for manufacturing activity - asset put to use - Held that - The assessee is eligible for remaining 10% additional depreciation under Section 32(1)(iia) of the Act. The orders of the lower authorities are set aside and the Assessing Officer is directed to allow the balance 50% depreciation, namely, 10% additional depreciation during the year under consideration.

Summary

Issues Involved:
1. Eligibility for additional depreciation under Section 32(1)(iia) of the Income-tax Act, 1961.
2. Carry forward of balance additional depreciation to subsequent years.

Issue-wise Detailed Analysis:

1. Eligibility for Additional Depreciation under Section 32(1)(iia):
The assessee claimed additional depreciation under Section 32(1)(iia) of the Income-tax Act, 1961, for new plant and machinery used in manufacturing. The machinery was used for less than 180 days, prompting the Assessing Officer to allow only 10% of the additional depreciation. The assessee sought the remaining 10% in the subsequent year.

2. Carry Forward of Balance Additional Depreciation:
The key issue was whether the balance 10% additional depreciation could be claimed in the subsequent year. The Assessing Officer disallowed this claim, citing the absence of a provision in the Income-tax Act for carrying forward additional depreciation. The assessee referred to the Tribunal's decision in M/s Automotive Coaches & Components Ltd. v. DCIT and Cochin Bench's decision in Apollo Tyres v. ACIT, which allowed the remaining depreciation in subsequent years.

Tribunal's Findings:
The Tribunal considered rival submissions and relevant materials. It was undisputed that the machinery was used for less than 180 days, justifying the Assessing Officer's initial 10% depreciation allowance. The Tribunal referenced its previous decision in M/s Automotive Coaches & Components Ltd., which supported the carry forward of the remaining 10% depreciation to the subsequent year.

Legal Precedents and Interpretation:
The Cochin Bench in Apollo Tyres Ltd. v. ACIT and Delhi Bench in Cosmo Films Ltd. interpreted Section 32(1)(iia) to allow the remaining 10% depreciation in the subsequent year, emphasizing that the provision aimed to benefit the assessee. The Tribunal also noted the Karnataka High Court's judgment in Rittal India Pvt. Ltd., which supported a liberal interpretation of beneficial legislation to allow the remaining depreciation in subsequent years.

Conclusion:
The Tribunal concluded that the assessee was entitled to the remaining 10% additional depreciation under Section 32(1)(iia) during the subsequent year. The orders of the lower authorities were set aside, and the Assessing Officer was directed to allow the balance 50% depreciation, i.e., 10% additional depreciation, during the year under consideration.

Other Grounds:
The assessee's counsel did not press the other grounds raised in the appeal, leading to their dismissal.

Final Order:
The appeals were partly allowed, with the Tribunal directing the Assessing Officer to allow the balance 10% additional depreciation for the year under consideration. The order was pronounced on 5th May 2016 at Chennai.