2012 (5) TMI 824 - AT - Income Tax

Tribunal Ruling on Income Classification, Depreciation, and Penalty Proceedings in Tax Dispute

The Deputy Commissioner of Income-tax, Circle-1 (1), Ernakulam Versus M/s. Cochin International Airport Ltd. And M/s. Cochin International Airport Ltd. Versus ACIT Range-1

The Deputy Commissioner of Income-tax, Circle-1 (1), Ernakulam Versus M/s. Cochin International Airport Ltd. And M/s. Cochin International Airport Ltd. ... Issues Involved:1. Head of income for royalty, rent, services, and miscellaneous income.2. Eligibility for deduction u/s 80IA.3. Classification of assets for depreciation purposes.4. Set off of brought forward unabsorbed depreciation.5. Depreciation rate on computer peripherals.6. Proportionate disallowance of bank charges and interest expenses.7. Depreciation rate on electrical fittings.8. Initiation of penalty proceedings u/s 271(1)(c).Summary:1. Head of Income for Royalty, Rent, Services, and Miscellaneous Income:The Tribunal held that income derived by the assessee from royalty, rent, and services is assessable under the head 'Income from business' as it is derived from the commercial exploitation of the airport. However, income from film/video shooting and interest on income tax refund should be assessed under 'Income from other sources.' The nature of other miscellaneous income requires item-wise examination by the AO.2. Eligibility for Deduction u/s 80IA:The AO denied the deduction u/s 80IA, stating the assessee did not meet the conditions prescribed u/s 80IA(4). The Ld CIT(A) disagreed, accepting the MOU with Airports Authority of India as the required agreement and distinguishing between 'commencement of business' and 'starting operation and maintenance of infrastructure facility.' The Tribunal directed the AO to re-examine the issue and verify the agreements and factual details.3. Classification of Assets for Depreciation Purposes:The Tribunal followed previous decisions, treating Runway, Isolation Parking Bay, Roads, Culverts, and Drains as 'Plant' for depreciation purposes. However, the Ld CIT(A) did not verify if all assets were covered by these decisions. The Tribunal directed the AO to verify and follow the decisions of the Tribunals.4. Set Off of Brought Forward Unabsorbed Depreciation:Since the income derived by the assessee from royalty, rent, and services is to be assessed under 'Income from business,' the issue of set off of brought forward depreciation became infructuous.5. Depreciation Rate on Computer Peripherals:The Tribunal accepted the assessee's contention, directing the AO to allow depreciation on computer peripherals at the rate applicable to computers, following decisions in similar cases.6. Proportionate Disallowance of Bank Charges and Interest Expenses:The Tribunal upheld the disallowance of Rs. 31,88,157/- made by the AO, as the assessee did not possess adequate reserves and surplus at the time of making investments in subsidiary companies.7. Depreciation Rate on Electrical Fittings:The Tribunal upheld the AO's decision to restrict depreciation on electrical fittings to 10%, as the assessee did not substantiate its claim for a higher rate.8. Initiation of Penalty Proceedings u/s 271(1)(c):The Tribunal upheld the initiation of penalty proceedings u/s 271(1)(c), agreeing with the Ld CIT(A) that the Explanation 1 to sec. 271 automatically applies when the assessed income exceeds the returned income.Conclusion:The appeals of the revenue are partly allowed for statistical purposes, and the appeal of the assessee is partly allowed.