1994 (8) TMI 62 - AT - Income Tax

Assessing Officer, Assessment Order, Assessment Year, Carry Forward, Mistake Apparent From Record, Original Assessment, Unabsorbed Depreciation, Written Down Value

Summary

Issues:
1. Set-off of unabsorbed terminal depreciation withdrawal.

Detailed Analysis:

1. The assessee appealed against the CIT(A) order withdrawing the benefit of set-off of unabsorbed terminal depreciation. The company, engaged in coal mining, faced a shortfall in compensation after nationalization in 1972. The assessee claimed terminal depreciation under section 32(1)(iii) of the Income-tax Act, 1961. The Assessing Officer initially allowed the unabsorbed depreciation to be carried forward but later initiated proceedings under section 154 to withdraw this benefit, citing section 32(2) of the Act.

2. The assessee contended that the section 154 proceeding was unlawful as the issue was debatable. They argued that section 32(2) does not explicitly prohibit carry-forward of balancing allowance under section 32(1)(iii). The revenue, however, supported the CIT(A) and section 154 order, claiming that section 32(2) excludes the allowance under section 32(1)(iii) and rectification was justified.

3. The Tribunal held that a balancing allowance under section 32(1)(iii) cannot be carried forward under section 32(2). Citing legal precedents, the Tribunal rejected the assessee's argument and upheld the Assessing Officer's rectification under section 154. It was deemed reasonable as the assets were no longer owned or in use by the assessee, making section 32(1) inapplicable. The Tribunal emphasized that section 32(1)(iii) allows for unabsorbed allowance, not depreciation.

4. The Tribunal dismissed the assessee's claim that the Assessing Officer's initial order merged with the CIT(A) order, preventing rectification under section 154. Since the CIT(A) remanded the matter without deciding the issue, no merger occurred. Consequently, the CIT(A) order was upheld, and the appeal was dismissed.