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Issues Involved:
1. Entitlement to depreciation on trucks owned and used by the assessee trust. 2. Allegation of the transaction being a colorable device to avoid tax liability. Issue-wise Detailed Analysis: 1. Entitlement to Depreciation on Trucks: The primary grievance of the assessee was that the CIT (Appeals) erred in not allowing depreciation on truck Nos. DEG-1352 and DEG-1353 owned and used by the assessee for its business purposes. The facts of the case reveal that the assessee trust derives income from car parking, rent, and truck hiring. The trust amended its Trust Deed to include owning, operating, and hiring vehicles as part of its income-generating activities. The trustees, who were partners in M/s. Atma Ram Chadha & Co., purchased five trucks, two of which were later acquired by the trust in lieu of a debt owed by the firm. These trucks were then hired back to the firm, generating income for the trust. The assessee argued that the trucks, being movable property, became the legal property of the trust upon possession and payment, irrespective of registration with the Transport Authority. The income from hiring the trucks was included in the trust's accounts and income tax returns, thereby entitling the trust to depreciation allowance under the Income-tax Act. The ITO disallowed the claim, suspecting the transaction to be a scheme for tax avoidance, citing the Supreme Court's decision in McDowell & Co. Ltd. v. CIT. The CIT (Appeals) upheld this decision, referencing several judicial decisions. 2. Allegation of the Transaction Being a Colorable Device: The ITO and CIT (Appeals) suspected that the transaction was a colorable device to avoid tax liability, given that the trustees were also partners in the firm. The ITO argued that the agreement to sell was a fabricated affair, and the real ownership remained with the firm. The assessee countered that the transaction was genuine, driven by the need to realize a substantial debt from the firm. The trust had legally acquired the trucks and used them for its business of truck hiring, as evidenced by the income generated and recorded in its accounts. The assessee cited several judicial decisions supporting the view that ownership of movable property transfers upon delivery and possession, not necessarily upon registration. Tribunal's Decision: The Tribunal considered the rival submissions and found that the trust had indeed taken possession of the trucks and used them for its business. The Tribunal noted that the transfer of ownership of movable property, such as trucks, occurs upon delivery and possession, as per the Supreme Court's decisions in Bhurangya Coal Co. and Alapati Venkataramiah. The Tribunal emphasized that the trust had shown income from the trucks in its accounts, which the Income-tax department had taxed. The Tribunal rejected the revenue authorities' argument that the transaction was a colorable device, noting that the documents were executed on Stamp Paper and the transaction was reflected in the books of account. The Tribunal concluded that the trust had fulfilled the conditions for claiming depreciation under section 32 of the Income-tax Act, 1961, as it was the legal owner of the trucks and used them for its business. The Tribunal also noted that the department had allowed depreciation to the trust in a subsequent assessment year, further supporting the trust's claim. Conclusion: The Tribunal set aside the order of the CIT (Appeals) and directed the Income-tax Officer to allow depreciation in respect of the two trucks. Both appeals by the assessee were allowed.
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