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2025 (1) TMI 1202 - HC - Income TaxDisallowance for depreciation claim on machinery - AO completed the assessment u/s 144 - HELD THAT - When the Director of the appellant had given a statement admitting to complete the assessment by disallowing the depreciation claim the appellant cannot be an aggrieved person to file an appeal as against the assessment. Might be only to overcome the same the appellant would have made a futile submission before the Tribunal that the statement was obtained by coercion. Counsel by placing reliance on the decision of Avasarala Technologies Ltd. 2015 (8) TMI 521 - SC ORDER submitted that once the purchase of machinery itself was found to be false and the transaction was sham the claim of depreciation cannot be sustained. In the instant case also from the fact that the seller was only dealing with textiles and was not in manufacture of any machinery the sworn statement recorded to the effect that the invoice was prepared without actual supply of the machinery for the purpose of availing finance the machineries were not available on the date of visit by the AO and no records were submitted to substantiate the supply of machineries and the appellant taking contrary stands at different points of time it is clear that no actual supply of machinery was made through the invoice. Further inspite of sufficient opportunities the assessee failed to submit any records in respect of the usage of the machinery and therefore the Tribunal had rightly allowed the appeal and deleted the disallowance made by the appellate authority. Substantial questions of law are answered as against the appellant and in favour of the Revenue.
The judgment involves an appeal concerning the disallowance of a depreciation claim on machinery by the Income Tax authorities. The core issues revolve around the procedural and substantive aspects of the Income Tax Appellate Tribunal's (ITAT) decision to uphold the disallowance of the depreciation claim.
1. ISSUES PRESENTED and CONSIDERED The primary legal questions considered by the Court were: (1) Whether the ITAT was justified in treating the assessment order under Section 143(3) read with Section 250 as a "purely technical" error, which should have been passed under Section 144 read with Section 250 of the Income Tax Act. (2) Whether the ITAT was justified in disallowing the depreciation claimed by the appellant, amounting to Rs. 48.65 lakhs for the assessment year 1996-97, based solely on a statement recorded from one supplier, despite the existence of other suppliers who did not deny the supply of machinery. 2. ISSUE-WISE DETAILED ANALYSIS Issue 1: Procedural Validity of the ITAT's Decision Relevant Legal Framework and Precedents: The assessment under Section 144 of the Income Tax Act is typically invoked when there is non-cooperation from the assessee. Section 143(3) pertains to regular assessments based on materials supplied by the assessee. The remand from the CIT (Appeals) required the Assessing Officer (AO) to reconsider the depreciation claim based on materials to be provided by the assessee. Court's Interpretation and Reasoning: The Court found that the AO had not exceeded his jurisdiction. The remand order required the AO to consider any materials provided by the assessee concerning the depreciation claim. However, the assessee failed to provide the necessary documentation, prompting the AO to conduct further inquiries, including visiting the premises and obtaining sworn statements. Key Evidence and Findings: The AO's actions were justified as the assessee did not furnish the required documents within the stipulated time. The AO's investigation revealed that the machinery was not actually supplied, and the invoices were fabricated to avail of finance. Application of Law to Facts: The Court held that the AO's actions were within the scope of the remand order, as the assessee's non-cooperation necessitated further inquiry to ascertain the validity of the depreciation claim. Conclusions: The Court concluded that the ITAT correctly upheld the AO's decision to disallow the depreciation claim, as the procedural actions taken by the AO were justified under the circumstances. Issue 2: Substantive Justification for Disallowance of Depreciation Relevant Legal Framework and Precedents: Depreciation claims require proof of actual purchase and use of machinery. The burden of proof lies with the assessee to substantiate the claim with appropriate documentation. Court's Interpretation and Reasoning: The Court found that the AO's investigation, including the sworn statement from the supplier, revealed that the machinery was never actually supplied. This finding was corroborated by the absence of machinery at the assessee's premises and the lack of purchase invoices. Key Evidence and Findings: The supplier's sworn statement indicated that invoices were issued without actual supply of machinery, solely for financing purposes. The assessee did not cross-examine the supplier, which the Court interpreted as an admission of the supplier's statement. Application of Law to Facts: The Court applied the principle that a claim for depreciation must be supported by evidence of actual purchase and use. The lack of such evidence justified the disallowance of the claim. Conclusions: The Court upheld the ITAT's decision to disallow the depreciation claim, as the evidence clearly indicated that the machinery was not purchased or used by the assessee. 3. SIGNIFICANT HOLDINGS Core Principles Established: The judgment reinforces the principle that the burden of proof for depreciation claims lies with the assessee. The AO is justified in conducting inquiries when the assessee fails to provide necessary documentation. Final Determinations on Each Issue: The Court dismissed the appeal, affirming the ITAT's decision to disallow the depreciation claim. The procedural and substantive actions of the AO were deemed appropriate under the circumstances. The Court's decision emphasizes the importance of cooperation from the assessee in tax proceedings and the necessity of substantiating claims with credible evidence. The procedural actions taken by the AO, including the issuance of summons and recording of sworn statements, were upheld as necessary steps to ascertain the truth in the absence of cooperation from the assessee.
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