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Issues Involved:
1. Entitlement to extra shift allowance for a seasonal factory. 2. Interpretation of "normal number of working days" for calculating extra shift allowance. Issue-Wise Detailed Analysis: 1. Entitlement to Extra Shift Allowance for a Seasonal Factory: The primary issue was whether the assessee, a seasonal factory, was entitled to extra shift allowance without reference to the normal number of working days, specifically 300 days, and instead based on the actual days the plant and machinery worked extra shifts. The court examined Section 32 of the I.T. Act, 1961, which provides for depreciation allowances, and Rule 5 of the I.T. Rules, 1962, which prescribes the method for calculating these allowances. The assessee claimed full normal allowance and extra allowances for double and triple shifts without reference to the actual number of days worked. The ITO allowed full normal depreciation but calculated the extra shift allowance proportionally based on 300 days as the normal working days. The AAC confirmed this method. However, the Income-tax Appellate Tribunal held that the reference to 300 days was merely illustrative and directed that the extra allowances be granted based on the actual number of working days. The court noted that the proviso to Rule 5 makes an exception for seasonal factories, allowing full normal depreciation if the factory worked during all the working seasons of the previous year. However, for extra shift allowances, the court emphasized that the calculation should be based on the proportion of actual days worked to 300 days, as explicitly stated in the remarks column of item III of Part I of Appendix I. 2. Interpretation of "Normal Number of Working Days" for Calculating Extra Shift Allowance: The court analyzed the interpretation of "normal number of working days" for the purpose of calculating extra shift allowances. The relevant rules and explanations specified that the normal number of working days throughout the previous year should be taken as 300 days. This standard applies uniformly to all concerns, whether seasonal or non-seasonal. The court rejected the assessee's argument that the extra shift allowance should be calculated based on the actual number of working days of the seasonal factory. It held that the rule-making authority's stipulation of 300 days as the normal number of working days was clear and applicable to all concerns. The court also dismissed the argument that equity considerations should influence the calculation of extra allowances, citing the principle that there is no equity about tax. The court referred to several precedents, including decisions from the Calcutta, Allahabad, and Gujarat High Courts, which supported the view that the extra shift allowance should be calculated proportionally to 300 days, regardless of the factory being seasonal. Conclusion: The court concluded that the assessee was not entitled to extra shift allowance without reference to the normal number of working days, viz., 300 days, and the days for which the plant and machinery worked such extra shifts. The reference was answered in favor of the revenue and against the assessee.
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