2020 (8) TMI 364 - AT - Income Tax

Rectification of mistake u/s 254 - disallowance of depreciation on finance lease - Tribunal held that it was not the lease agreement but a hire purchase agreement camouflaged as lease agreement and in the absence of lease agreement - HELD THAT - We have no option but to hold that there is no infirmity in the Assessment Order on this issue. Hence, it is seen that the basis of the decision of the Tribunal is this that the assessee has not made available the copy of the lease agreement before the Tribunal and because of this reason, the Tribunal has held in the impugned Tribunal order that there is no infirmity in the Assessment Order on this issue i.e. the issue regarding disallowance of depreciation on finance lease. In the MPs filed by the assessee, this is not the contention raised by the assessee that there is any mistake in this finding of the Tribunal that no lease agreement was made available before the Tribunal. Since, this is the basis of the Tribunal s decision that in the absence of lease agreement, the Tribunal has no option but to hold that there is no infirmity in the Assessment Order on the issue of disallowance of depreciation, we are of the considered opinion that various contentions raised by the assessee in these MPs and in the written submissions filed by learned AR of the assessee in both written submissions has no relevance for the purpose of deciding these MPs. Hence, we hold that there is no merit in these MPs.

Summary

Issues Involved:
1. Apparent mistakes in the combined Tribunal order dated 20.09.2019.
2. Admission of additional grounds filed after the time allowed under section 254(2) of the Income Tax Act, 1961.
3. Classification of lease transactions as "sham transactions" or "financial transactions."
4. Claim of depreciation on leased assets.
5. Non-consideration of arguments and judgments cited in written submissions by the assessee.
6. Ownership and eligibility for depreciation on leased assets.

Detailed Analysis:

1. Apparent Mistakes in the Combined Tribunal Order:
The assessee filed Miscellaneous Petitions (MPs) stating there were apparent mistakes in the combined Tribunal order dated 20.09.2019. The Tribunal reviewed paragraphs 2 to 10 of the MPs, which highlighted specific errors such as the Tribunal's holding that new lease transactions for the years 1995-96, 1996-97, and 1997-98 were "sham transactions" without sufficient evidence. The Tribunal, however, found no merit in these claims, as the basis of their decision was the absence of lease agreements provided by the assessee.

2. Admission of Additional Grounds:
The assessee filed additional grounds for the MPs on 30.07.2020, which was after the allowed period of six months from the expiry of the month in which the Tribunal order was passed, as per section 254(2) of the Income Tax Act, 1961. The Tribunal did not admit these additional grounds for consideration since they were filed beyond the stipulated time frame.

3. Classification of Lease Transactions:
The Tribunal noted that the assessee did not provide any lease agreements, which was crucial for determining the nature of the transactions. The AO had previously classified these transactions as "financial transactions" based on the Supreme Court's guidelines in the Asea Brown Boveri Ltd case. The Tribunal upheld the AO's classification, citing the lack of lease agreements as a significant factor, and affirmed the AO's finding that the transactions were "sham."

4. Claim of Depreciation on Leased Assets:
The Tribunal addressed the assessee's claim for depreciation on leased assets. The assessee argued that the transactions were not sham and cited Board Circulars and Supreme Court decisions to support their claim. However, the Tribunal found that the lack of lease agreements prevented them from verifying the nature of the transactions and upheld the lower authorities' decision to disallow the depreciation.

5. Non-Consideration of Arguments and Judgments:
The assessee contended that the Tribunal did not consider certain arguments and judgments cited in their written submissions. The Tribunal reviewed these contentions but found them irrelevant, as the primary issue was the absence of lease agreements. The Tribunal concluded that without these agreements, they could not reassess the classification of the transactions or the claim for depreciation.

6. Ownership and Eligibility for Depreciation:
In MP No.55/Bang/2020, the assessee sought the recall of paragraphs 9 and 10 of the common order, which held that the assessee was not the owner of the assets due to partial payment by the lessee. The Tribunal reiterated that the absence of lease agreements and the fact that part of the purchase price was paid by the lessee justified the disallowance of depreciation. The Tribunal also noted that under Section 32(1) and Section 43(1) of the Income Tax Act, depreciation could be claimed by a part-owner, but this was not applicable in the present case due to the lack of evidence.

Conclusion:
The Tribunal dismissed all four MPs filed by the assessee, holding that there were no apparent mistakes in the original order and that the additional grounds were not admissible. The Tribunal's decision was primarily based on the absence of lease agreements, which prevented a re-evaluation of the transactions and the claim for depreciation. The Tribunal upheld the lower authorities' findings that the transactions were "sham" and that the assessee was not eligible for depreciation on the leased assets.