2023 (5) TMI 621 - AT - Income Tax

Cost of acquisition / Actual cost - Depreciation on assets taken over from Bank of Thanjavur Ltd., in pursuant to amalgamation of Bank with assessee s bank approved by Reserve Bank of India - Value to be taken as value fixed in pursuant to arrangement between the assessee s bank and amalgamated bank or WDV of amalgamating company - CIT(A) decided the issue in favor of Assessee - ITAT has decided the issue in favor revenue. - HC 2022 (8) TMI 1377 - MADRAS HIGH COURT has remanded back the case to ITAT for reconsideration - HELD THAT - Assessee, during the course of hearing fairly agreed that the Bank of Thanjavur Ltd., cease to exist consequent upon amalgamation and thus, the findings recorded by the Tribunal in light of provisions of Explanation-7 to Sec.43(1) of the Act, is in accordance with law and the Bank does not want to continue the litigation. There is no error in the findings given by the Tribunal in upholding the action of the AO in allowing depreciation on assets taken over in pursuant to amalgamation of Bank of Thanjavur Ltd., with assessee s bank and thus, we are of the considered view that the decision rendered by the Tribunal in their order does not call for any interference and thus, we reverse the findings of the Ld.CIT(A) and restore the order of the AO on the issue of depreciation on assets taken over from the Bank of Thanjavur Ltd. in pursuant to amalgamation. Decided in favour of Revenue.

Summary

Issues:
Depreciation on assets taken over in pursuant to amalgamation of Bank of Thanjavur Ltd. with assessee's bank.

Analysis:
The appeals filed by the Revenue were against orders of the Commissioner of Income Tax (Appeals) regarding depreciation claimed by the assessee on assets taken over from Bank of Thanjavur Ltd. due to amalgamation with the assessee's bank. The AO allowed depreciation in accordance with Explanation-7 to Sec.43(1) of the Act, while the Ld.CIT(A) allowed excess depreciation claimed by the assessee. The Tribunal initially sided with the Revenue, but the High Court of Madras set aside the Tribunal's decision, stating that the Bank of Thanjavur Ltd. was still functioning post-amalgamation, leading to a rehearing of the case.

During the rehearing, the Ld.Counsel for the assessee conceded that the Bank of Thanjavur Ltd. ceased to exist after amalgamation, allowing the assessee to claim depreciation as per Explanation-7 to Sec.43(1) of the Act. The Ld.DR argued that the Tribunal's initial decision was correct, as the Bank of Thanjavur Ltd. no longer existed post-amalgamation. After considering both sides and reviewing the case history, the Tribunal concluded that the Bank of Thanjavur Ltd. had ceased to exist post-amalgamation, and the assessee was entitled to claim depreciation on the written down value of assets taken over, as per the provisions of Explanation-7 to Sec.43(1) of the Act.

In light of the above analysis, the Tribunal found no error in its previous decision and reversed the findings of the Ld.CIT(A), restoring the AO's order regarding the depreciation on assets taken over from Bank of Thanjavur Ltd. in pursuant to amalgamation. Consequently, the appeals filed by the Revenue in all assessment years were allowed as per the observations made in the judgment.

This detailed analysis clarifies the legal issues surrounding the depreciation claimed by the assessee on assets taken over post-amalgamation and the subsequent decisions by the Tribunal and the High Court of Madras, leading to the final resolution by the Tribunal in favor of the Revenue.