2019 (2) TMI 1075 - HC - Income Tax

Depreciation on UPS - Tribunal holding that UPS is the part of computer and entitled for depreciation at 60% - Held that - As relying on COMMISSIONER OF INCOME TAX, CHENNAI VERSUS M/S. ROYAL SUNDARAM ALLIANCE INSURANCE COMPANY LIMITED 2019 (2) TMI 923 - MADRAS HIGH COURT issue has been decided by us against the revenue MAT/115JB applicability On Insurance Companies - Held that - Question to be decided in favour of the assessee and against the Revenue by holding that Section 115JB of the Act does not apply to insurance companies. See ORIENTAL INSURANCE CO. LTD. VERSUS DEPUTY COMMISSIONER OF INCOME TAX, COMMISSIONER OF INCOME TAX (LTU) 2017 (9) TMI 172 - DELHI HIGH COURT

Summary

Issues:
- Appeal challenging a common order passed by the Income Tax Appellate Tribunal regarding the assessment years from 2006-07 to 2009-10.
- Substantial questions of law raised:
i. Depreciation on UPS as part of computer at 60%.
ii. Applicability of 115JB of the Act to insurance companies.

Analysis:
1. The first issue pertains to the depreciation rate for UPS as part of a computer. The High Court referred to a previous judgment where the issue was decided against the revenue, favoring the assessee. The Court dismissed the appeals filed by the revenue on this ground, ruling in favor of the assessee.

2. The second issue involves the applicability of Section 115JB of the Act to insurance companies. The Court examined the arguments presented by both parties and cited a decision by the Delhi High Court on a similar matter. The Court concluded that the provisions of Schedule VI of the Companies Act were excluded for insurance companies, supporting the assessee's position. The Court dismissed the appeals filed by the revenue on this ground, answering the substantial question of law in favor of the assessee.

3. The Court addressed the revenue's argument that the assessee had declared income under Section 115JB of the Act previously, implying acceptance of its applicability. However, the Court found that the assessee consistently contended that the said Section was not applicable to insurance companies. The Court emphasized that there can be no estoppel against a statute, reinforcing the assessee's position.

4. The judgment highlighted the importance of regulatory guidelines for insurance companies in preparing profit and loss accounts, emphasizing the exclusion of Schedule VI of the Companies Act. The Court relied on previous decisions and the specific nature of insurance company accounting practices to support its ruling against the revenue.

5. Ultimately, the High Court upheld the decisions made in previous cases and the Delhi High Court's ruling, affirming that the issues raised did not warrant a change in judgment. The Court dismissed the tax case appeals, ruling in favor of the assessee and against the revenue on both substantial questions of law.

6. In conclusion, the High Court dismissed the appeals, stating that no costs were to be awarded. The connected CMPs were also dismissed accordingly, bringing closure to the legal proceedings on the matters at hand.