Court rules advance against depreciation not taxable, affirms CIT decision for respondent-assessee.

The Commissioner of Income Tax, Faridabad Versus M/s NHPC Ltd.

The Commissioner of Income Tax, Faridabad Versus M/s NHPC Ltd. - TMI Issues: Appeal against Tribunal's decision upholding CIT (Appeals) order allowing appellant's appeal against Assessing Officer's addition of advance against depreciation.

Analysis:

Issue 1:
The appellant raised substantial questions of law challenging ITAT's decision on the treatment of advance against depreciation. The Hon'ble Supreme Court's decision was cited, emphasizing that advance against depreciation constitutes income received in advance, subject to taxation under specific provisions of the Income Tax Act. The appellant argued that the ITAT erred in dismissing the appeal, contrary to the Supreme Court's ruling. However, the High Court noted that the matter was similar to a case previously decided by the Supreme Court, where it was held that advance against depreciation does not enter the stream of income for net profit determination. The High Court concluded that the questions were resolved in favor of the respondent assessee, upholding the CIT (Appeals) decision.

Issue 2:
The appellant contested the deletion of the addition made by the Assessing Officer under Section 143(3) concerning advance against depreciation. The appellant argued that such income should be taxable as per the provisions of the Income Tax Act, citing Section 2(24) and Section 28. The High Court referred to the Supreme Court's judgment in a similar case, emphasizing that advance against depreciation is not considered income for the relevant accounting year. The Court highlighted that the Supreme Court clarified that advance against depreciation is an adjustment for future depreciation, not meant for appropriation of profits, and does not constitute a reserve. Therefore, the High Court upheld the decision in favor of the respondent-assessee, dismissing the appeal.

In conclusion, the High Court dismissed the appeal, affirming the decision of the CIT (Appeals) and emphasizing the Supreme Court's interpretation that advance against depreciation does not constitute income for the relevant accounting year but is a timing difference for future adjustments.