2021 (5) TMI 76 - AT - Income Tax

Excess Depreciation on windmills purchased and installed on or after 01.04.2012 - eligible for depreciation @ 15% or 80% as claimed by the assessee - HELD THAT - In this case, there is no dispute with regard to the fact that windmills were installed on or before 31.03.2012. It is an admitted fact that the assessee has purchased used windmills on as is where is basis for the financial year 2013-14. Therefore, once the windmills are installed before 31.03.2012, then rate of depreciation is applicable as per pre-amended Appendix-I of Rule 5 of Income Tax Rules,1962. Further, as per said rule, rate of depreciation on windmills which are acquired and installed on or before 31.03.2012 is at 80%. Therefore, the Assessing Officer as well as learned CIT(A) erred in coming to the conclusion that assessee became owner of windmills only after 31.03.2012 and entitled for depreciation as per amended rate, when the law is very clear about installation of windmills and acquisition of asset is immaterial to claim depreciation. In this case, since the windmill was acquired and installed on or before 31.03.2012 and assessee has became second owner and has not dismantled from one place and reerected in another place, the interpretation given by the Assessing Officer and learned CIT(A) are contrary to the provisions of Rule 5 of Income Tax Rules,1962. Hence, we set aside the order of the learned CIT(A) and direct the Assessing Officer to allow depreciation @ 80% on windmills as claimed by the assessee. Appeal filed by the assessee is allowed.

Summary

Issues Involved:
1. Denial of higher rate of depreciation on windmills installed prior to 01.04.2012.
2. Interpretation of the term 'installed' versus 'acquired and installed' in the context of depreciation rates.
3. Applicability of amended depreciation rates for windmills acquired after 01.04.2012.
4. Ownership requirements for claiming depreciation.
5. Legislative intent and interpretation of fiscal statutes.

Detailed Analysis:

1. Denial of Higher Rate of Depreciation on Windmills Installed Prior to 01.04.2012:
The core issue revolves around whether the assessee is entitled to a higher rate of depreciation (80%) on windmills installed before 01.04.2012 but acquired by the assessee in the financial year 2013-14. The Assessing Officer (AO) denied this benefit, asserting that only windmills purchased and installed after 01.04.2012 are eligible for a reduced depreciation rate of 15%.

2. Interpretation of the Term 'Installed' Versus 'Acquired and Installed':
The assessee argued that the term 'installed' as used in the New Appendix-I should be interpreted independently of the term 'acquired'. The assessee contended that since the windmills were installed before 31.03.2012, they should be eligible for the 80% depreciation rate, regardless of when they were acquired. The AO, however, interpreted the legislative intent to mean that any windmill purchased after 31.03.2012, irrespective of its installation date, should be depreciated at 15%.

3. Applicability of Amended Depreciation Rates for Windmills Acquired After 01.04.2012:
The AO's stance was based on the Income-tax (Fourth Amendment) Rules, 2012, which amended the depreciation rates for windmills installed after 01.04.2012 to 15%. The assessee's windmills, although installed earlier, were acquired after this date, leading the AO to apply the amended rate. The CIT(A) upheld this view, emphasizing the importance of the acquisition date over the installation date for determining the applicable depreciation rate.

4. Ownership Requirements for Claiming Depreciation:
The CIT(A) highlighted that ownership is a crucial condition for claiming depreciation. Since the assessee became the owner of the windmills after 31.03.2012, the CIT(A) concluded that the depreciation rate should be 15%, as per the amended provisions. The assessee challenged this interpretation, arguing that the law does not distinguish between the first and subsequent owners for depreciation purposes.

5. Legislative Intent and Interpretation of Fiscal Statutes:
The AO and CIT(A) both referenced legislative intent and statutory interpretation principles to justify their decisions. They argued that allowing 80% depreciation for second-hand windmills would create an unjust disparity between different classes of assessees and contradict the legislative purpose. The assessee countered that the statutory language clearly prioritizes the installation date over the acquisition date, and any interpretation should align with this clear legislative directive.

Tribunal's Findings:
The Tribunal found merit in the assessee's arguments, noting that the relevant statutory provisions and CBDT notifications specifically emphasize the installation date for determining depreciation rates. The Tribunal concluded that since the windmills were installed before 31.03.2012, the assessee is entitled to the 80% depreciation rate, regardless of the acquisition date. The Tribunal directed the AO to allow the higher depreciation rate, setting aside the CIT(A)'s order.

Conclusion:
The appeal filed by the assessee was allowed, with the Tribunal ruling that the windmills installed before 31.03.2012 are eligible for 80% depreciation, irrespective of their acquisition date. The Tribunal emphasized the importance of adhering to the statutory language and legislative intent, which prioritize the installation date over the acquisition date for determining depreciation rates.