2012 (10) TMI 476 - HC - Income Tax

Depreciation on leased out boilers - disallowance as the transactions was only loan transactions subsequently given the colour as lease transactions - Held that - Persuing grounds of appeal raised before this Court reveals that nowhere the assessee had questioned the findings of fact as regards the genuineness of the lease transactions. A reading of the various grounds raised thereon shows that it relate to claim of depreciation. Thus, when the finding of fact on the genuineness of the transaction had not been challenged in the manner known to law and the same having attained finality, there exists no ground to interfere with the order of the authorities below rejecting the claim for depreciation. No useful purpose would be served by permitting the assessee to file additional grounds on the genuineness of the lease transaction - against assessee.

Summary

Issues:
1. Disallowance of depreciation on boilers leased out by the appellant.
2. Rejection of claims of depreciation on boilers leased out.

Issue 1: Disallowance of depreciation on boilers leased out by the appellant:
The case involved the assessee appealing against the disallowance of depreciation on boilers leased out to M/s. Khoday India Limited. The assessee claimed depreciation on the assets leased out, stating that the boilers were purchased from an associate concern of M/s. Khoday India Limited. However, upon investigation, it was found that the transactions were not genuine. The Assessing Officer pointed out discrepancies in the documentation, such as the invoice mentioning only one boiler, and physical verification revealed that the boiler was still with the original owner. The Commissioner of Income Tax (Appeals) and the Tribunal confirmed that the transactions were sham and not genuine lease transactions. The Tribunal upheld the lower authorities' decision, leading to the assessee approaching the High Court.

Issue 2: Rejection of claims of depreciation on boilers leased out:
The Commissioner of Income Tax (Appeals) confirmed the disallowance of depreciation, stating that the transactions were only paper transactions and not genuine lease agreements. The Commissioner highlighted that there was no reference to the second boiler in the documentation, indicating that the transactions were finance transactions rather than leases. The Tribunal, in its order, upheld the findings of the lower authorities, considering the transactions to be sham. The High Court noted that the assessee did not challenge the genuineness of the transactions before the Court, focusing solely on the claim of depreciation. As the findings on the genuineness of the transactions had not been challenged in the appropriate manner, the Court found no grounds to interfere with the lower authorities' decision to reject the claim for depreciation.

In conclusion, the High Court dismissed the Tax Case (Appeals) as the genuineness of the lease transactions was not challenged properly, and no additional grounds raised by the assessee regarding the transactions were found justifiable. The Court upheld the orders of the lower authorities, resulting in the dismissal of the appeals without costs.