2016 (5) TMI 541 - AT - Income Tax

Disallowance of additional depreciation on plant and machinery - Held that - The assessee has acquired the plant and machineries before 31.03.2005 but the machineries were installed after 31.03.2005. If the revenue authorities view is accepted then the assessee cannot claim additional depreciation as per earlier provision since the machineries were neither acquired nor installed after 31.03.2002. At the same time, the assessee cannot claim the additional depreciation under the new provisions as machineries were acquired before 31.03.2005 but installed after 31.03.2005. Such interpretation would lead to a precarious situation and put the assessee in a vulnerable situation wherein even after making investments in new plant and machineries, the assessee is deprived of additional depreciation. The eligibility for the claim of depreciation should be considered from the date of the installation of the plant and machineries, and the word acquired has to be considered in the light of ownership of the asset. There remains no doubt that the assessee is very much entitled for the claim of additional depreciation. - Decided in favour of assessee.

Summary

Issues:
1. Challenge to validity of re-assessment proceedings under section 147 of the Act.
2. Disallowance of claim of additional depreciation on plant and machinery.

Analysis:

Issue 1: Challenge to validity of re-assessment proceedings under section 147 of the Act:
The appellant challenged the re-assessment proceedings initiated by the Assessing Officer (A.O) under section 147 of the Act, claiming lack of jurisdiction. However, the appellant later withdrew this challenge, and the ground was dismissed as not pressed. The Tribunal did not delve further into this issue due to the withdrawal of the challenge.

Issue 2: Disallowance of claim of additional depreciation on plant and machinery:
The Assessing Officer disallowed the claim of additional depreciation amounting to &8377;2,18,50,976 on the grounds that the machinery was acquired before 31.03.2005 but installed after that date, failing to meet the conditions for claiming additional depreciation under section 32(1)(iia) of the Act. The appellant contended that the delay in installation was due to damaged machinery being returned and replaced by the vendor, justifying the claim for additional depreciation.

The Tribunal analyzed the legislative intent behind the provision for additional depreciation on new machinery and plant, aimed at boosting the manufacturing sector. The Tribunal highlighted the amendments made to the provision, increasing the rate of additional depreciation and removing certain conditions, emphasizing the encouragement of new investments in plant and machinery.

Referring to judicial precedents, including the observations of the Hon'ble High Court of Calcutta and the Hon'ble Supreme Court, the Tribunal concluded that the eligibility for claiming depreciation should be considered from the date of installation of the plant and machinery, rather than the date of acquisition. The Tribunal emphasized that acquisition should be linked to ownership, while installation determines readiness for use, supporting the appellant's entitlement to claim additional depreciation.

In light of the legislative intent, judicial precedents, and the specific circumstances of the case, the Tribunal set aside the findings of the CIT(A) and directed the Assessing Officer to allow the claim of additional depreciation, thereby deleting the earlier disallowance of &8377;2,18,50,976. The appeal filed by the appellant was allowed by the Tribunal.

In conclusion, the Tribunal's detailed analysis and interpretation of the provisions, legislative intent, and judicial precedents led to the decision in favor of the appellant, emphasizing the importance of considering installation date for claiming additional depreciation on plant and machinery.