1980 (7) TMI 87 - HC - Income Tax

Summary

Issues Involved:
1. Rate of depreciation allowance on a canteen building inside the factory premises.
2. Definition and interpretation of "factory building" for the purposes of depreciation under the I.T. Rules, 1962.

Summary:

1. Rate of Depreciation Allowance on Canteen Building:
The assessee, Messrs. Engine Valves Ltd., claimed a 10% depreciation allowance on the canteen building within its factory premises for the assessment year 1972-73. The ITO allowed only 5%, treating it as a second-class building. The AAC upheld this decision, stating that the canteen building did not qualify for the higher depreciation rate applicable to factory buildings because it did not experience the same wear and tear as a factory building.

2. Definition and Interpretation of "Factory Building":
The Tribunal accepted the assessee's contention that the canteen building should be considered part of the factory premises and thus eligible for the higher depreciation rate. They reasoned that the canteen was essential for the factory's operation and experienced significant wear and tear due to its use by a large number of workers. The Tribunal also considered the canteen as a place where a manufacturing process (preparation of food) occurred.

Court's Decision:
The High Court agreed with the Tribunal's view, stating that the term "factory building" in the I.T. Rules, 1962, should be interpreted in context. The court noted that canteen buildings are integral to factory premises and subject to significant wear and tear. The court also acknowledged that the preparation of food in the canteen could be considered a manufacturing process. Therefore, the canteen building qualifies as a factory building for depreciation purposes, entitling it to a 10% depreciation rate.

Case Law References:
The court reviewed various cases, including those interpreting the term "factory" under different statutes, but emphasized that the interpretation should focus on the context of depreciation under the I.T. Rules, 1962. The court found support in cases like CIT v. M. M. Palanisami Nadar & Sons, which held that workshops could be considered factory buildings for depreciation purposes.

Conclusion:
The High Court affirmed the Tribunal's decision, allowing the higher depreciation rate for the canteen building. The question of law was answered in favor of the assessee, with costs awarded to the assessee.