1991 (11) TMI 120 - AT - Income Tax

Summary

Issues:
1. Depreciation rate on plant and machinery.
2. Justification of interest charged under section 217(1A).

Issue 1: Depreciation rate on plant and machinery:
The Department appealed against the CIT(A)'s decision allowing the assessee's claim of depreciation at 15% on plant and machinery, contrary to the 10% allowed by the ITO. The assessee, engaged in manufacturing graphite electrodes, argued that due to contact with corrosive chemicals, the higher rate of 15% depreciation was applicable. The assessee provided a certificate from its foreign collaborators, details of process materials, and chemical analysis to support its claim. The ITO, however, rejected the claim, stating that the evidence provided did not prove the case. The CIT(A), after reviewing the facts and evidence, disagreed with the ITO and upheld the assessee's entitlement to 15% depreciation. The Departmental Representative contended that only 100% corrosive materials should qualify for higher depreciation, citing a judgment. The Tribunal, after examining the evidence, disagreed with the Department's argument, stating that even a small percentage of corrosive chemicals could warrant higher depreciation. Consequently, the Department's appeal was dismissed.

Issue 2: Justification of interest charged under section 217(1A):
The Department appealed the CIT(A)'s decision that interest charged under section 217(1A) by the Assessing Officer was not justified. The Assessing Officer levied interest of Rs. 2,67,212 under section 271(1A), which the CIT(A) deemed unjustifiable after considering the facts. The Departmental Representative argued in favor of the interest charge, while the assessee's counsel supported the CIT(A)'s decision. The Tribunal upheld the CIT(A)'s decision, noting that the assessee was not liable for the interest charged under section 217(1A) as certain conditions were not met. Specifically, the Tribunal highlighted that the provision of section 217(1A) was not applicable due to the circumstances of the case. Consequently, the Tribunal dismissed the Department's appeal, affirming the CIT(A)'s decision to delete the interest charged.

In conclusion, both appeals were dismissed by the Tribunal after thorough consideration of the issues related to depreciation rates on plant and machinery and the justification of interest charged under section 217(1A). The Tribunal upheld the CIT(A)'s decisions in both instances, emphasizing the importance of evidence and legal provisions in determining the outcomes of the appeals.