2017 (4) TMI 182 - HC - Income Tax

Entitlement for the benefit under section 80-I - Held that - Tribunal was justified in holding that the assessee is entitled for the benefit of deduction under section 80-I of the Act on the machinery which was an old asset and was put to use by the assessee in its old unit has also claimed depreciation on same in the earlier assessment year. Benefit envisaged under section 80-I(2) - Held that - Tribunal has erred in law and acted perversely in holding that the forklift truck was on trial run in the old unit and which was ready for use in the new unit should be treated as a new asset without properly interpreting the provisions of section 80-I(2) and Explanation 2 thereof according to which the total value of old plant and machinery exceeded 20 per cent. and the assessee was not entitled to the benefit envisaged under section 80-I(2) Rejection of accounts as well as invoking of provisions of section 145 - Held that - Lump sum amount taken by the Commissioner of Income-tax (Appeals), the contention of Mr. Jain is required to be accepted. The Assessing Officer by adopting 35 per cent., in our view which is at higher side, even if we accept the profit which has been shown by the assessee from the year 1991-92 to 1996-97, the average of which comes to 31. 4, for that we put the estimate at 32 per cent. instead of 35 per cent. by the Assessing Officer. In that view of the matter, the issue No. 3 is answered in favour of the Department and against the assessee and we estimate profit at 32 per cent. and calculation may be done on that basis by the Assessing Officer.

Issues Involved:
1. Deduction under Section 80-I of the Income-tax Act for old machinery.
2. Classification of forklift as plant and machinery under Section 80-I(2).
3. Rejection of accounts and invoking provisions of Section 145.
4. Disallowance of expenses under Section 40A(2)(a).

Detailed Analysis:

1. Deduction under Section 80-I for Old Machinery:
The primary issue was whether the assessee is entitled to the benefit of deduction under Section 80-I of the Income-tax Act on machinery that was an old asset and used in the old unit, for which depreciation had already been claimed in the earlier assessment year. The Tribunal held in favor of the assessee, allowing the deduction. The court concluded that the assessee is entitled to the benefit under Section 80-I, answering this issue in favor of the assessee.

2. Classification of Forklift as Plant and Machinery:
The second issue was whether the forklift truck should be treated as a new asset for the purposes of Section 80-I(2). The Tribunal had previously held that the forklift was not a plant and machinery, thus not entitled to the benefit under Section 80-I. The court upheld this decision, referencing a prior ruling that forklifts do not qualify as plant and machinery under Section 80-I. Consequently, this issue was resolved in favor of the Department and against the assessee.

3. Rejection of Accounts and Invoking Section 145:
The third issue involved the rejection of accounts and invoking the provisions of Section 145 by the Assessing Officer. The Tribunal and Commissioner of Income-tax (Appeals) had reduced the gross profit estimation from 35% to a lower figure without adequate reasoning. The court found the Assessing Officer's estimation of 35% to be on the higher side but settled on an average of 32% based on historical data from 1991-92 to 1996-97. This issue was resolved in favor of the Department, instructing the Assessing Officer to recalculate based on a 32% profit margin.

4. Disallowance of Expenses under Section 40A(2)(a):
The final issue was the disallowance of expenses incurred by the assessee for services availed from related parties, scrutinized under Section 40A(2)(a). The Tribunal upheld the disallowance of ?12,97,336 for the assessment year 1995-96 and confirmed the restriction of the claim to ?15 lakhs out of ?48,20,041 for the assessment year 1996-97. The court found no error in the Tribunal's decision, noting that the arrangement lacked bona fides and was not supported by sufficient evidence. This issue was decided in favor of the Department.

Conclusion:
The court disposed of the appeals, with the issues predominantly resolved in favor of the Department. The assessee was granted the benefit under Section 80-I for old machinery but denied the classification of the forklift as plant and machinery. The court adjusted the gross profit estimation to 32% and upheld the disallowance of certain expenses under Section 40A(2)(a).

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