2008 (6) TMI 342 - HC - Income Tax

High Court Rules on Depreciation in Capital Gains Calculation

Commissioner of Income-tax Versus Veepees Enterprises

Commissioner of Income-tax Versus Veepees Enterprises - [2010] 325 ITR 414 (Ker) Issues:Appeal against Tribunal's order vacating revisional order under section 263 of the Income-tax Act for assessment year 1996-97.Analysis:The High Court heard the appeal filed by the Revenue against the Tribunal's order vacating the revisional order passed by the Commissioner under section 263 of the Income-tax Act for the assessment year 1996-97. The Commissioner had reopened the assessment on three grounds: first, depreciation not claimed for the theatre building should not be reckoned in capital gains computation; second, irregularity in deduction of retrenchment compensation allowance; and third, short-assessment of capital gains by Rs. 5 lakhs. The Tribunal reversed the Commissioner's order, prompting the Revenue's appeal. The Court noted that the Tribunal did not conclusively decide if the assessee was entitled to depreciation in capital gains computation under section 50 of the Act. The Tribunal based its decision on divergent High Court views, ruling in favor of the assessee. However, the Court held that depreciation can only be reckoned if allowed under the Act, which the Department argued was not the case due to non-filing of returns by the assessee. The Court emphasized that the Tribunal should not have interfered solely based on differing High Court views and remanded the matter back to the officer for completion of assessment in line with the Commissioner's order under section 263. The assessee was granted the freedom to contest all issues on the merits in regular assessments and file an appeal against the regular assessment if needed. The appeal was allowed, setting aside the Tribunal's order, subject to the specified terms.