2018 (12) TMI 108 - AT - Income Tax

Rectification of mistake u/s 154 - allowance of reduced rate of depreciation - a debatable issue to invoke section 154 - AO allowed 15% of depreciation on trucks owned by the assessee as against 30% claimed by the assessee - Held that - In this case, there was no record attached to the return of income to show that the claim of higher depreciation on trucks is to be allowed at 30% claimed by the assessee instead of 15%. The profit and loss accounts or other documents attached to the return of income does not show that the assessee has used the trucks for giving it on hire. This fact is also confirmed by the Ld. AR at the time of hearing by stating that the assessee has not shown hire charges in its books of account. Hence, it is apparent mistake committed by AO while framing the assessment order u/s. 143(3) of the Act dated 28/03/2004 and allowed depreciation at 30% as claimed by the assessee instead of deductible depreciation at 15% - the apparent error has arisen from the records of the case and it was not discovered from other sources. Hence, the error discovered as a result of perusal of the records would constitute apparent error which conferred jurisdiction on the concerned Assessing Officer to rectify the earlier order. It follows from this that the evidence which was considered by the Assessing Officer to rectify the error is not extraneous to the record but it is intimately connected with the records. Hence, exercising jurisdiction u/s. 154 of the Act by the Assessing Officer is justified - no infirmity in the order of the Assessing Officer to allow depreciation on trucks at 15% instead of 30% claimed by the assessee - Decided against assessee.

Summary

Issues:
1. Allowance of reduced rate of depreciation as a debatable issue under section 154 of the Income Tax Act, 1961.
2. Eligibility of the assessee for a higher rate of depreciation based on the functionality test.
3. Justifiability of disallowing excess claim of depreciation on a vehicle.
4. Consideration of hire charges in determining business activity for depreciation claim.

Issue 1:
The first issue revolves around whether the allowance of a reduced rate of depreciation can be considered a debatable issue under section 154 of the Income Tax Act, 1961. The CIT(A) concluded that the excess claim of depreciation falls within the purview of section 154, and the Assessing Officer was justified in disallowing the claim. The CIT(A) upheld the action of the Assessing Officer, emphasizing that the claim was not supported by record evidence. The appellant argued that the issue was debatable, citing a Kerala High Court judgment regarding a similar case involving hire charges on vehicles. However, the tribunal found that the Assessing Officer's decision to allow depreciation at 15% instead of 30% claimed by the assessee was based on an apparent mistake in the assessment order, justifying the rectification under section 154. Consequently, the tribunal rejected the appellant's appeal on this ground.

Issue 2:
The second issue pertains to the eligibility of the assessee for a higher rate of depreciation based on the functionality test. The appellant, a manufacturer of coconut oil, argued that the trucks owned were used as a logistic firm for distribution within and outside Kerala, justifying a higher depreciation rate of 30% instead of 15%. However, the tribunal noted that there was no evidence in the return of income or attached documents to support the claim of higher depreciation. The absence of hire charges in the books of account further undermined the appellant's case. The tribunal concluded that the Assessing Officer's decision to allow depreciation at 15% was not erroneous, as the claim lacked substantiation.

Issue 3:
The third issue concerns the disallowance of an excess claim of depreciation on a vehicle by the Assessing Officer. The CIT(A) supported the Assessing Officer's action, stating that the excess claim was not justified based on the purpose for which the vehicle was used. The tribunal concurred with this view, emphasizing that the Assessing Officer rectified an apparent error in allowing depreciation at 30% instead of 15%. The tribunal upheld the decision to disallow the excess claim, as it was not supported by the records and did not constitute a debatable issue under section 154.

Issue 4:
The final issue involves the consideration of hire charges in determining the business activity for depreciation claim. The appellant argued that hire charges received on trucks owned supported the claim for higher depreciation, citing a Kerala High Court judgment on a similar matter. However, the tribunal found that the absence of hire charges in the books of account weakened the appellant's position. The tribunal upheld the Assessing Officer's decision to allow depreciation at 15%, as the claim of higher depreciation lacked evidentiary support. In conclusion, the tribunal dismissed the appeal of the assessee, affirming the decision to disallow the excess claim of depreciation on the vehicle and trucks owned by the assessee.