2009 (2) TMI 163 - HC - Income Tax

Depreciation on compressor Whether claim of higher rate of depreciation mandatory in the return - The assessee filed its return and claimed depreciation on the compressor at 30 per cent. being used in mines and quarries. The Income-tax Officer allowed 10 per cent. depreciation holding that under the Income-tax Rules, no such rate has been prescribed in respect of this item of machinery Held that - If the compressor is used for mining and quarries, depreciation has to be allowed to the extent of 30 per cent - the petitioner has no rebuttal to it petitioner disputed it by submitting that it can be allowed only if it has been claimed by the assessee under this head - Record possessed by the learned counsel for the petitioner do not spell out whether in the assessment, it has been claimed under this particular entry - If, in the assessment, the assessee has claimed depreciation under entry No. 8, as stated above, the assessee in that event is entitled to the depreciation at 30 per cent matter remanded to ITO of examination of facts.

Summary

Issues:
Interpretation of depreciation rate for a compressor used in mines and quarries under the Income-tax Act, 1961.

Analysis:
The High Court of Rajasthan addressed a reference made by the Revenue regarding the entitlement of depreciation on a compressor at 30 per cent for the assessment year 1983-84. The Income-tax Officer initially allowed only 10 per cent depreciation, citing the absence of a prescribed rate for this machinery item in the Income-tax Rules. The Commissioner of Income-tax (Appeals) upheld this decision. However, the Income-tax Appellate Tribunal, relying on a judgment from the Delhi High Court, allowed 30 per cent depreciation for the compressor used in mines and quarries.

During the hearing, the counsel for the petitioner argued that the Delhi High Court judgment was not directly applicable to the present case as it involved an air-conditioner in a bus, not a compressor used for drilling and mining. In response, the counsel for the respondent referred to Appendix I of the Income-tax Rules, specifically entry No. 8, which pertains to machinery used in mining and quarries, indicating a depreciation rate of 30 per cent. The petitioner's counsel contested this by suggesting that the depreciation rate could only be allowed if specifically claimed under this entry, which was unclear from the available records.

The Court concluded that as per the relevant entry in the Income-tax Rules, if the compressor is indeed used for mining and quarries, depreciation should be granted at 30 per cent. The petitioner's lack of evidence regarding the specific claim under the mentioned entry led the Court to remand the matter back to the Income-tax Officer for further examination and appropriate decision based on the provided clarification.

In summary, the judgment clarified the entitlement to depreciation at a rate of 30 per cent for a compressor used in mines and quarries under the Income-tax Act, emphasizing the importance of proper documentation and claim verification for such allowances.