2021 (7) TMI 369 - AT - Income Tax

Depreciation on JCB, Trucks - @15% OR 30% - AO allowed depreciation @15% holding that the assessee does not run the business of vehicles on hire - HELD THAT - After perusal of 3rd proviso to Section 32(1)(ii) of the Income Tax Act, 1961, it can be seen that the said Section is not applicable in the present case of the assessee as the assessee is not running business of hiring of commercial vehicles - an admitted fact that the assessee is using trucks and JCB etc. for its own business. Besides this the Annexure I has also given the categories under which the 30% of depreciation is allowed. But assessee's case does not fall in that category as well, as the present assessment year before us is 2014-15. CIT(A) as well as the Assessing Officer has rightly restricted the claim of depreciation to that of 15%. - Decided against assessee.

Summary

Issues:
1. Disallowance of depreciation on JCB and trucks.
2. Interpretation of the third proviso to Section 32(1)(ii) of the Income Tax Act, 1961.
3. Application of depreciation rates based on the nature of business.

Analysis:
1. The appeal was filed against an order confirming the addition of depreciation on JCB and trucks at 15% instead of the claimed 30%. The Assessing Officer disallowed excess depreciation and other expenses, resulting in an increased total income assessment.

2. The contention was based on the interpretation of the third proviso to Section 32(1)(ii) of the Income Tax Act, 1961. The appellant argued that a previous Tribunal decision allowed 40% depreciation on commercial vehicles in a similar case. However, it was clarified that the appellant did not run a business of hiring commercial vehicles but used them for their own business as a sub-contractor.

3. The Tribunal noted that the appellant's use of trucks and JCB did not fall under the category specified for claiming 30% depreciation, as per Annexure I of the Income Tax Rules, 1962. The decision cited by the appellant was deemed inapplicable as it involved the hire and purchase of commercial vehicles, unlike the present case. Therefore, the CIT(A) and Assessing Officer's decision to restrict depreciation to 15% was upheld, leading to the dismissal of the appeal.

Conclusion:
The Tribunal upheld the decision to limit the depreciation on JCB and trucks to 15% instead of the claimed 30%, based on the nature of the appellant's business and the specific provisions of the Income Tax Act. The appeal was dismissed, affirming the assessment of total income at a higher amount.