2019 (3) TMI 364 - HC - Income Tax

ADMIT following substantial questions of law arise for consideration A Whether, on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal was justified in confirming the order of Commissioner (Appeals) in allowing interest expenses of ₹ 22,75,11,447/- on Deep Discount Bonds (DDBs)? B Whether, on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal was justified in confirming the order of Commissioner (Appeals) in allowing deduction of ₹ 95,98,355/- under section 80IA of the Income Tax Act, 1961 on wind farm division s captive power plant? C Whether, on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal was justified in allowing carry forward of unabsorbed depreciation of ₹ 217,04,95,567/- of demerged entities, viz., M/s Nirma Limited? D Whether, on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal was justified in holding that the Assessing Officer had not fulfilled pre-requirement of invoking provisions of Explanation (3) to sub-section (1) of section 43 of the Income Tax Act, 1961, and thereby, allowing claim of depreciation on full written down value of ₹ 2,49,07,23,831/- on intangible assets worth rupees five hundred crores of M/s Nirma Industries?

Issues:
1. Admission of appeal based on proposed questions.
2. Controversy regarding allowance of interest expenses on Deep Discount Bonds.
3. Deduction under section 80IA on wind farm division's captive power plant.
4. Carry forward of unabsorbed depreciation of demerged entities.
5. Claim of depreciation on intangible assets.

Issue 1: Admission of Appeal
The appellant's counsel highlighted the admission of the appeal based on proposed questions "A", "C", and "D", indicating that substantial questions of law were framed. However, the respondent's advocate opposed the admission concerning question "B" by referring to previous court decisions. The appellant argued that the previous judgments did not clearly address the specific controversy in the present case. The court, after reviewing the cited decisions, agreed with the appellant's counsel that the matter necessitates further consideration and subsequently admitted the appeal.

Issue 2: Interest Expenses on Deep Discount Bonds
One of the substantial questions of law raised was whether the Income Tax Appellate Tribunal was justified in allowing interest expenses on Deep Discount Bonds (DDBs). This issue pertained to a significant amount of ?22,75,11,447. The court deemed it necessary to scrutinize the Tribunal's decision in this regard, indicating a potential disagreement between the parties on the admissibility of these expenses.

Issue 3: Deduction under Section 80IA
Another question raised was the justification of allowing a deduction of ?95,98,355 under section 80IA of the Income Tax Act on the wind farm division's captive power plant. This issue involved the interpretation and application of specific provisions of the Income Tax Act, indicating a dispute over the eligibility of the claimed deduction.

Issue 4: Carry Forward of Unabsorbed Depreciation
The court was tasked with determining whether the Income Tax Appellate Tribunal was correct in allowing the carry forward of unabsorbed depreciation amounting to ?217,04,95,567 from demerged entities, specifically M/s Nirma Limited. This issue raised questions regarding the treatment of unabsorbed depreciation in the context of demerged entities, necessitating a detailed examination of relevant legal provisions and precedents.

Issue 5: Claim of Depreciation on Intangible Assets
The final substantial question revolved around the allowance of depreciation on intangible assets worth ?2,49,07,23,831 of M/s Nirma Industries. The controversy centered on whether the Assessing Officer fulfilled the prerequisites for invoking specific provisions of the Income Tax Act, particularly related to the claim of depreciation on intangible assets. The court was required to assess the factual and legal aspects surrounding this claim to arrive at a just decision.

This detailed analysis of the judgment provides insights into the various issues addressed by the court, encompassing admission of the appeal, controversies surrounding interest expenses, deductions, carry forward of depreciation, and depreciation on intangible assets. Each issue required a thorough examination of facts, legal provisions, and precedents to reach a well-founded decision.

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