1967 (3) TMI 19 - SC - Income Tax

Additional depreciation on two reconditioned machines imported by the Appellant - whether two reconditioned machines purchased by the appellant are new machines within the meaning of s. 10(2)(via) of the IT Act and whether the appellant is entitled to depreciation under that sub-section - Appeal allowed - Case remanded

Summary

Issues:
1. Interpretation of the term "new" under section 10(2)(via) of the Income-tax Act.
2. Entitlement to depreciation for reconditioned machinery.
3. Sufficiency of evidence to determine if reconditioned machinery qualifies as "new."

Analysis:
The case involved an appeal regarding the entitlement to initial and additional depreciation under sections 10(2)(vi) and 10(2)(via) of the Income-tax Act for a firm exporting frozen prawns. The appellant claimed depreciation for a Flake Ice Machine and two reconditioned "Jackstone Junior Frosters Mark II." The Income-tax Officer disallowed depreciation for the reconditioned machines based on correspondence indicating they were not "new." The Appellate Tribunal, however, allowed the appeal, stating the term "new" in the Act referred to opposition to "old." The Kerala High Court ruled against the appellant, prompting an appeal to the Supreme Court.

The Supreme Court analyzed the definition of "new" within the Act, emphasizing its meaning as "not existing before" or "now made for the first time." The Court considered whether the reconditioned machines were substantially different from the old ones and if the improvements made them "new." The Court noted the lack of specific details in the case, such as the dates of manufacture, previous use period, and nature/cost of improvements. Due to insufficient information, the Court set aside the High Court's judgment and directed a supplementary statement of the case to gather necessary evidence for a decision.

In conclusion, the Supreme Court allowed the appeal, remanding the case to the High Court for further examination with additional details. The Court highlighted the importance of including all relevant material in the supplementary statement to enable a proper determination of whether the reconditioned machines qualified as "new" for depreciation purposes under the Income-tax Act.