2019 (5) TMI 18 - AT - Income Tax

Scope of enquiry in Limited Scrutiny - disallowing depreciation allowance - approval of Pr. CIT/CIT - due process in law for converting appellant's limited scrutiny into complete scrutiny - disallowance of appellant's claim for deduction which is outside the scope of limited scrutiny - HELD THAT - In the present case, examination of depreciation is not covered in the two issues selected for examination for limited scrutiny. This is not the case of the revenue that the approval was taken by the AO from CIT/Pr. CIT for converting the scrutiny from limited scrutiny case to total scrutiny case. AO is not justified in taking up the examination of depreciation claimed which is beyond the issues selected for limited scrutiny without obtaining prior approval from CIT/Pr. CIT. AO was not justified in making disallowance out of the depreciation claim of the assessee and therefore, the same is deleted. Appeal filed by the assessee is partly allowed.

Summary

Issues involved:
Assessment order challenged for disallowance of depreciation allowance without following due process, confirmation of assessment order by CIT (A), dispute over transportation business activity classification, challenge to restricting depreciation claim to 15% instead of 30%.

Issue 1: Disallowance of depreciation allowance without following due process
The appellant challenged the assessment order for disallowing depreciation allowance without following the due process of converting limited scrutiny into complete scrutiny. The appellant argued that the assessing officer erred in not seeking prior approvals for disallowing the claim for deduction outside the limited scrutiny scope, rendering the assessment process flawed. The appellant contended that the CIT (A) should have quashed the assessment order instead of confirming it. The appellant highlighted that the limited scrutiny was not intended to examine the depreciation claim, as specified in the notice and the return of income. The appellant cited CBDT instructions emphasizing that in limited scrutiny cases, the scope of inquiry should be confined to specific reasons/issues. The tribunal held that the assessing officer exceeded the limited scrutiny scope without approval, making the assessment order invalid, and deleted the disallowance.

Issue 2: Classification of transportation business activity
The appellant disputed the conclusion that the transportation of goods did not constitute a transportation business of hiring or leasing vehicles. The appellant argued that substantial revenue from transportation activities indicated engagement in hiring or leasing vehicles business. The tribunal noted the appellant's revenue from transportation activities and disagreed with the lower authorities' conclusion. The tribunal held that the lower authorities' decision was erroneous and contrary to the facts, directing to ignore their conclusion.

Issue 3: Challenge to restricting depreciation claim to 15%
The assessing officer restricted the appellant's depreciation claim to 15% instead of 30% for vehicles used in the business. The CIT (A) upheld this decision. The appellant argued that as the vehicles were used for hire, the correct depreciation rate should be 30%. The tribunal found that the assessing officer wrongly restricted the depreciation claim without proper justification. The tribunal agreed with the appellant's argument regarding the correct rate of depreciation for vehicles used in the business, leading to the deletion of the disallowance.

In conclusion, the tribunal partially allowed the appeal, ruling in favor of the appellant on the issues of disallowance of depreciation and classification of transportation business activity. The tribunal emphasized the importance of following due process and considering the nature of business activities when determining depreciation rates.