1993 (4) TMI 119 - AT - Income Tax

Summary

Issues Involved:
1. Entitlement to extra depreciation under Appendix I Part I item III(iii) of the Income-tax Rules, 1962.
2. Entitlement to extra shift allowance for plant and machinery.

Detailed Analysis:

1. Entitlement to Extra Depreciation:

The assessee, a hotel, claimed extra depreciation under Appendix I Part I item III(iii) of the Income-tax Rules, 1962. The Commissioner of Income-tax (CIT) rejected this claim, arguing that the withdrawal of development rebate under section 33 implied the simultaneous withdrawal of extra depreciation. The assessee contended that:
- Depreciation is governed by section 32 of the Act.
- Extra depreciation is available to approved hotels, and the assessee's hotel had long been approved by the Department of Tourism.
- The reference to section 33 in the relevant rule is only for identifying eligible hotels.
- Development rebate and extra depreciation are separate allowances and should not be linked to deny the extra depreciation.
- The government had listed extra depreciation as an incentive for private sector investment in tourism infrastructure.
- No CBDT circular had been issued to withdraw extra depreciation for approved hotels.

The Tribunal found that:
- The hotel was approved by the Department of Tourism.
- Development rebate and extra depreciation are governed by separate sections (sections 32 and 33, respectively).
- The reference to section 33 in the rule is to identify eligibility conditions, not to link the two allowances.
- The withdrawal of development rebate does not automatically mean the withdrawal of extra depreciation.
- The hotel continued to meet the eligibility conditions for extra depreciation even after the withdrawal of development rebate.
- The CBDT's perception, as seen in Circular No. 383, supports this view.

Thus, the Tribunal held that the CIT was not justified in directing the withdrawal of extra depreciation and restored the Assessing Officer's original decision to allow it.

2. Entitlement to Extra Shift Allowance:

The assessee claimed extra shift allowance for its plant and machinery, arguing that the hotel operated round the clock. The CIT rejected this claim, linking it to the denial of extra depreciation. The Tribunal noted that:
- The CIT did not discuss the specifics of the extra shift allowance.
- The assessee had been consistently allowed extra shift allowance in the past.
- Under Appendix I Part I item III(iv) of the Income-tax Rules, 1962, the assessee was entitled to extra shift allowance.

The Tribunal directed the Assessing Officer to review and allow the extra shift allowance as admissible.

Conclusion:

The Tribunal set aside the CIT's order and restored the Assessing Officer's decision to grant both extra depreciation and extra shift allowance to the assessee. The appeal was treated as allowed for statistical purposes.