1988 (5) TMI 67 - AT - Income Tax

Summary

Issues:
1. Addition on account of value of samples in closing stock.
2. Claim for relief under section 35B.
3. Depreciation rate on generator.
4. Disallowance of vehicle expenses and depreciation on cars.

Analysis:

1. Addition on account of value of samples in closing stock:
The assessing authority added an amount to the income returned by the assessee on account of the value of samples not declared in the closing stock. The CIT(A) reduced the figure, but the assessee challenged the maintenance of this addition. The Appellate Tribunal accepted the assessee's contention that the samples were not part of the closing stock as they were prepared for display to foreign representatives and had no sale value. Citing a decision of the Madras High Court, the addition was deleted entirely.

2. Claim for relief under section 35B:
The dispute involved various amounts claimed by the assessee for relief under section 35B. The Department objected to the grant of weighted deduction for certain expenses, arguing that the relevant clauses had been omitted. However, a new rule provided for weighted deduction for certain activities. The Tribunal held that the rule applied to pending assessments, and since the CIT(A) had allowed weighted deduction on some items, the Department's objection was rejected.

3. Depreciation rate on generator:
The dispute concerned the rate of depreciation on a generator, with the ITO allowing it at 10% and the CIT(A) directing it to be calculated at 30% per rules. The Tribunal referred to a previous decision and ruled in favor of the assessee, upholding the CIT(A)'s decision to allow depreciation at 30%.

4. Disallowance of vehicle expenses and depreciation on cars:
The assessee's appeal included a ground related to the disallowance of a portion of vehicle expenses and depreciation on cars. The Tribunal noted that there were likely multiple vehicles maintained by the assessee, leading to a reduction in disallowance to 1/8th of the total expenses.

In conclusion, the departmental appeal was dismissed, while the assessee's appeal and cross objection were partly allowed based on the Tribunal's findings on each issue.