1997 (7) TMI 9 - SC - Income Tax

Whether the assessee is entitled to extra shift allowance in respect of the machinery and spares which were added during the relevant previous year, on the basis of double and triple shifts worked by the entire concern - Held, yes - because extra shift allowance had to be calculated on the basis of number of days during which the concern had actually worked

Summary

Issues Involved:
1. Computation of depreciation by way of extra shift allowance under Rule 5 of the Income-tax Rules, 1962.
2. Interpretation of the provisions in Appendix I to the Rules concerning extra shift allowance.
3. Binding nature of circulars/instructions issued by the Central Board of Direct Taxes (CBDT).

Detailed Analysis:

1. Computation of Depreciation by Way of Extra Shift Allowance:

The core issue revolves around whether the assessee is entitled to extra shift allowance for machinery and spares added during the relevant previous year, based on the double and triple shifts worked by the entire concern. The assessee, a public limited company in the business of manufacturing and selling rayon yarn and wood pulp, claimed multiple shift allowances based on the number of days the entire concern worked extra shifts, not on the days each machine worked extra shifts. The Income-tax Officer restricted the allowance to the number of days each machinery worked. However, the Appellate Assistant Commissioner and the Tribunal allowed the claim based on the concern as a whole working extra shifts.

2. Interpretation of Rule 5 and Appendix I:

The High Court held that under Rule 5 and Appendix I, the Income-tax Officer must examine which specific machinery was used in extra shifts. The High Court relied on decisions from the Calcutta and Allahabad High Courts, which emphasized that extra shift allowance should be calculated based on individual machinery usage. However, this interpretation was challenged by the assessee, who argued that the allowance should be based on the entire plant and machinery if the concern worked double or triple shifts. The Supreme Court found that the High Court's interpretation was incorrect. The Court emphasized that for calculating extra shift depreciation allowance, it is sufficient to determine the number of days the concern as a whole worked double or triple shifts, not the specific days each machinery worked extra shifts.

3. Binding Nature of CBDT Circulars/Instructions:

The assessee's counsel argued that the CBDT circulars, which directed that extra shift allowance be allowed for the entire plant and machinery used by a concern working extra shifts, were binding. The Supreme Court noted that these circulars are in line with the construction placed on the relevant provisions. The Court acknowledged that while circulars cannot override statutory provisions, they can provide legitimate aid in interpreting the law. The Court referred to various precedents, including K. P. Varghese v. ITO and Keshavji Ravji and Co. v. CIT, which support the binding nature of such circulars on tax authorities.

Conclusion:

The Supreme Court concluded that the extra shift allowance should be calculated based on the number of days the concern as a whole worked double or triple shifts, not on the usage of individual machinery. The Tribunal's view was upheld, and the High Court's judgment was set aside. The Court answered Question No. 4 in favor of the assessee, affirming that the extra shift allowance should be based on the entire concern's working days in extra shifts. The appeals were allowed, and no order as to costs was made.