2014 (5) TMI 507 - AT - Income Tax

Disallowance of depreciation - Assets other than plant and machinery No production of manufacture activity Buildings and other assets were used by the employees engaged in the closure operations of the company - Held that - Assessee had only been ordered to be closed down by the Government of India but had not gone into liquidation - claim in respect of voluntary separation scheme expenses had been allowed by CIT (A) - it cannot be denied that for implementing the scheme necessary infrastructure must have been maintained by assessee - merely on the ground that the company was directed to be closed down, it could not be inferred that till the time of final closure, no activities were being carried out by the assessee - minimal staff had to be kept for proper survival and security of all the assets of the company. The assessee company being a juristic entity incorporated under the Companies Act, did not cease to exist, merely on passing of the order by Government of India for closure of the company - It had to fulfill all the obligations imposed by the Companies Act till it was finally dissolved - Necessary staff had to be maintained - depreciation had to be allowed though assessee had discontinued its business Relying upon CIT Vs. Kirti Resorts (P.) Ltd. 2011 (7) TMI 39 - HIMACHAL PRADESH HIGH COURT - that as long as the company is in existence, it is entitled to depreciation though it has discontinued its business - the AO is directed to allow assessee s claim of depreciation Decided in favour of Assessee.

Issues: Disallowance of depreciation on assets other than plant and machinery, Usage of building and other assets for business purposes, Interpretation of legal judgments, Allowance of depreciation despite business closure.

Issue 1: Disallowance of depreciation on assets other than plant and machinery
The appellant contested the disallowance of depreciation by the AO amounting to Rs. 2,51,51,000, arguing that the assets were used for business purposes and were eligible for depreciation. The appellant highlighted that the assets were owned by the company and were utilized for business activities, fulfilling the conditions for depreciation allowance under the Income Tax Act, 1961. The appellant emphasized that the assets were essential for the functioning of the company, even though manufacturing activities had ceased. The CIT (A) upheld the AO's decision, stating that the business had been ordered to be closed, and the buildings were not utilized during the year. However, the Tribunal noted that the company had not gone into liquidation and had to maintain necessary infrastructure for implementing schemes, indicating ongoing activities. The Tribunal relied on legal precedent and held that as long as the company existed, it was entitled to depreciation, even if business operations were discontinued. Consequently, the Tribunal directed the AO to allow the appellant's claim for depreciation.

Issue 2: Usage of building and other assets for business purposes
The appellant argued that the buildings and assets were being used for closure operations and would be utilized for the company's revival, as approved by the Government of India. The AO contended that since no manufacturing activities were undertaken, depreciation was not permissible. The appellant presented detailed submissions, emphasizing the essential role of the assets in maintaining the company's operations and security. The Tribunal acknowledged the necessity of maintaining staff and assets for the company's survival, even after the closure order. Relying on legal precedent, the Tribunal held that as long as the company existed as a legal entity, depreciation was allowable, irrespective of business discontinuation. Therefore, the Tribunal allowed the appeal, directing the AO to permit the depreciation claim.

Issue 3: Interpretation of legal judgments
The appellant challenged the reliance on a Mumbai ITAT judgment by the DCIT, arguing that the interpretation was erroneous. The appellant cited legal precedents to support their claim that depreciation on assets other than plant and machinery was permissible. The Tribunal noted the appellant's arguments and cited a High Court decision to establish that as long as the company remained in existence, depreciation could be claimed, even if business activities were discontinued. The Tribunal rejected the DCIT's interpretation and allowed the appellant's claim for depreciation based on legal principles and precedents.

Issue 4: Allowance of depreciation despite business closure
The primary contention revolved around the eligibility of the appellant to claim depreciation despite the closure of business operations. The Tribunal emphasized that the company's existence as a legal entity mandated the allowance of depreciation, especially considering the maintenance of assets and staff for operational purposes. By relying on legal judgments and precedents, the Tribunal concluded that the appellant was entitled to depreciation even after the cessation of business activities. Consequently, the Tribunal allowed the appeal and directed the AO to permit the depreciation claim, highlighting the company's ongoing legal obligations and the necessity of asset maintenance for survival.

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