2007 (11) TMI 285 - HC - Income Tax

Amendment to S. 32(2) w.e.f. 01.04.1997 unabsorbed depreciation - Tribunal has rightly come to the conclusion that the assessee is entitled to the unabsorbed depreciation brought forward as on 01.04.1997 and could be set off against the business profits - Tribunal was right in law in remitting back the matter to the file of the Assessing Officer for verification as to how much depreciation was available up to 01.04.1997 that could be included in the income of the assessee

Summary

Issues:
Interpretation of section 32(2) of the Income-tax Act, 1961 regarding set off of unabsorbed depreciation against business profits for the assessment year 2000-01.

Analysis:
The case involved an appeal against the order of the Income-tax Appellate Tribunal Madras "B" Bench for the assessment year 2000-01. The appellant, engaged in the business of packing and printing, claimed set off of capital gains against brought forward unabsorbed depreciation. The issue arose due to the amendment under Finance (No. 2) Act, 1996, effective from 01.04.1997, which limited the set off of unabsorbed depreciation against taxable business profit or income under any other head for specific years. The Assessing Officer disallowed the set off, leading to appeals before the Commissioner of Income-tax (Appeals) and the Income-tax Appellate Tribunal. The central question was whether the Tribunal was correct in remitting the case to the Assessing Officer for verification despite the clear provisions of section 32(2) being applicable for the assessment year 2000-01.

The High Court analyzed the amended provisions of section 32(2) of the Income-tax Act, 1961, effective from 01.04.1997. The court highlighted that the amendment allowed for the absorption of depreciation allowance against profits and gains of any other business of the same assessment year if the income from business was insufficient to absorb the depreciation allowance. The court emphasized that unabsorbed depreciation could be set off against income assessable under any other head for the same assessment year if not absorbed by any other business income. The judgment clarified the conditions for carrying forward unabsorbed depreciation and the limitations on set off against profits in succeeding years.

The court referred to the Finance Minister's clarification in Parliament and Circular No.762 of the Central Board of Direct Taxes, which affirmed the interpretation that unabsorbed depreciation brought forward as on 01.04.1997 could be set off against taxable business profit or income under any other head for specific years. The court concluded that the Tribunal's decision to remit the case to the Assessing Officer for verification was correct as the appellant was entitled to the unabsorbed depreciation brought forward as on 01.04.1997 for set off against business profits. Consequently, the court dismissed the appeal, stating no substantial question of law was involved in the matter.