Tribunal grants additional depreciation to printing company under Income Tax Act

Ananda Bazar Patrika Pvt. Ltd. Versus ACIT CIR – 7, Kolkata

Ananda Bazar Patrika Pvt. Ltd. Versus ACIT CIR – 7, Kolkata - TMI Issues Involved:

1. Eligibility for Additional Depreciation under Section 32(1)(iia) of the Income Tax Act, 1961.
2. Interpretation of the terms 'acquisition' and 'installation' of machinery for additional depreciation.
3. Validity of the order passed by the CIT under Section 263 of the Income Tax Act, 1961.
4. Examination of documentary evidence and factual findings by the Tribunal and the High Court.

Issue-Wise Detailed Analysis:

1. Eligibility for Additional Depreciation under Section 32(1)(iia) of the Income Tax Act, 1961:

The assessee, a company engaged in printing and publishing, claimed additional depreciation of Rs. 5,61,23,019/- on machinery acquired and installed after 01.04.2002. The CIT observed that the machinery was purchased before 01.04.2002 but installed after this date. According to Section 32(1)(iia), additional depreciation is allowed only if both acquisition and installation occur after 31.03.2002. The CIT, therefore, considered the allowance of additional depreciation by the AO as erroneous and prejudicial to the revenue's interest, leading to the issuance of a notice under Section 263 and subsequently directing the AO to withdraw the additional depreciation claim.

2. Interpretation of the Terms 'Acquisition' and 'Installation' of Machinery for Additional Depreciation:

The CIT interpreted 'acquisition' to mean the date of purchase, irrespective of the installation date. The assessee argued that the machinery was acquired and installed during the previous year ending on 31.03.2003, and the purchase dates noted in the books were based on proforma invoices, not actual delivery. The Tribunal initially sided with the assessee, stating that the machinery was acquired and installed after 01.04.2002. However, the High Court remanded the case, emphasizing the need to establish the acquisition and installation dates with specific reference to documentary evidence.

3. Validity of the Order Passed by the CIT under Section 263 of the Income Tax Act, 1961:

The CIT's order under Section 263 was based on the belief that the AO's assessment allowing additional depreciation was erroneous and prejudicial to the revenue. The Tribunal initially set aside the CIT's order, stating that the AO had verified the documents and allowed the claim correctly. The High Court, however, found the Tribunal's reasoning lacking in specificity and remanded the case for a detailed factual determination.

4. Examination of Documentary Evidence and Factual Findings by the Tribunal and the High Court:

Upon remand, the Tribunal re-examined the documentary evidence, including invoices, delivery challans, and installation certificates. It was found that the machinery was delivered and installed after 01.04.2002, except for one small-value machine. The Tribunal noted that proforma invoices are not confirmations of sale, and the final invoices raised after 01.04.2002 indicated the actual acquisition date. The Tribunal also considered judicial precedents, emphasizing that the installation date is crucial for claiming additional depreciation. Cases cited included CIT vs. Surama Tubes (P) Ltd., Pr. CIT vs. IDMC Ltd., and others, which supported the view that installation date is significant.

Conclusion:

The Tribunal concluded that the assessee was entitled to additional depreciation as the machinery was installed after 01.04.2002, and there was no error in the AO's order. Thus, the Tribunal set aside the CIT's order under Section 263 and restored the AO's assessment, allowing the appeal in favor of the assessee. The judgment was pronounced on 9th August 2019.