2006 (11) TMI 194 - HC - Income Tax

Whether Tribunal was correct in law in holding that for the purpose of computing the written down value of depreciable assets used in Tea business only 40 per cent. instead of 100 per cent. of depreciation allowable at the prescribed rate should have to be deducted in the assessee s case Held, yes

Summary

Issues:
- Interpretation of section 43(6) of the Income-tax Act read with rule 8(1) of the Income-tax Rules, 1962 regarding the computation of the written down value of depreciable assets used in tea business.

Analysis:
The High Court of GAUHATI heard appeals under section 260A of the Income-tax Act, 1961, against an order passed by the Income-tax Appellate Tribunal related to the income of the respondent-assessee for the assessment years 1988-89 to 1991-92. The respondent, a tea manufacturing company, disputed the determination of the opening written down value of its assets by the Income-tax Officer. The Commissioner of Income-tax (Appeals) allowed the additional grounds raised by the assessee but rejected them based on a previous decision. The Appellate Tribunal, following a Calcutta High Court decision, accepted the appeals filed by the assessee, leading to the current appeals. The main issue revolved around the method of determining the written down value of depreciable assets used in the tea business.

The appellant contended that the Tribunal erred in holding that only 40 percent of depreciation should be deducted in determining the written down value. They argued that the taxable income should be determined as per the Income-tax Act, and depreciation should be apportioned as per rule 8 of the Income-tax Rules, 1962. On the other hand, the respondent argued that 40 percent of the composite income is the taxable income, and hence only 40 percent depreciation should be allowed. The respondent relied on apex court decisions to support their interpretation of "actually allowed" depreciation.

The High Court, considering the arguments and apex court decisions, upheld the Tribunal's decision. They agreed that for determining the written down value of depreciable assets used in the tea business, only 40 percent of the depreciation actually allowed at the prescribed rate should be deducted. The Court dismissed the appeals, answering the substantial question of law in favor of the respondent. The judgment provides a detailed analysis of the interpretation of relevant provisions and precedents to arrive at the decision regarding the computation of the written down value of depreciable assets in the tea business.