9911796707
|
Home
Issues:
1. Depreciation on energized tubewell for a private limited company 2. Deduction for interest on delayed payment of municipal tax 3. Entertaining appeal regarding charging of interest under sections 139(8) and 215 of the Act Analysis: Issue 1: Depreciation on energized tubewell The assessee, a private limited company deriving income from property and service charges, claimed depreciation on a tubewell installed in the building for tenant's water supply. The claim was denied by the ITO and Commissioner (Appeals) based on the argument that depreciation is only available to assessees deriving income from business or profession. The Income-tax Act, 1961, allows depreciation on assets used for business or profession purposes. The assets claimed for depreciation must be owned, used during the relevant year, and utilized for business or professional activities. In this case, although the assessee owned and used the tubewell, it was not used for business or profession purposes. Hence, the denial of depreciation was upheld. Issue 2: Deduction for interest on delayed payment of municipal tax The second objection raised by the assessee was claiming a deduction for interest paid on delayed municipal tax payment. The ITO and Commissioner (Appeals) rejected this claim, stating that interest on delayed tax payment cannot be equated with tax for deduction purposes. The interest on delayed payment of tax is a statutory obligation under the Calcutta Municipal Act, separate from the tax levied by the local authority. The Supreme Court clarified that the term 'levied' refers to imposed taxes, not interest payments. Interest is considered compensation for delayed payments, distinct from property tax. As such, the interest paid by the assessee to the Calcutta Municipal Corporation was not deductible while computing the annual property value under section 23(1) of the Act. Issue 3: Entertaining appeal regarding charging of interest under sections 139(8) and 215 The last objection pertained to the Commissioner (Appeals) not entertaining the appeal related to charging of interest under sections 139(8) and 215 of the Act. The Commissioner's decision was challenged by the assessee, citing precedents to support the appeal's merit consideration. The Commissioner's refusal to address the appeal grounds was deemed unjustified. The assessee's denial of complete liability for interest under the specified sections warranted a review of the appeal on its merits. Consequently, the appeal on these grounds was admitted, and the matter was remanded to the Commissioner (Appeals) for further examination and a finding on merit after providing the assessee with an opportunity to be heard. In conclusion, the Appellate Tribunal partially allowed the appeal for statistical purposes, addressing the issues of depreciation on the tubewell, deduction for interest on delayed tax payment, and the appeal regarding charging of interest under sections 139(8) and 215 of the Act.
|
