2025 (9) TMI 430 - AT - Income Tax

Depreciation allowed for prior-year plant additions as 80% normal and 20% additional; Section 263 revision partly quashed

ITAT Kolkata - AT held the assessee's depreciation claim on plant and machinery was permissible: prior-year additions were eligible for 80% normal and 20% ... Revision u/s 263 - excess claim of depreciation on plant and machinery and excess claim of brought forward unabsorbed losses/ depreciation - HELD THAT:- We note that the assessee has made addition to the plant and machinery in the preceding assessment year which was put to use for less than 180 days. The said item of addition was eligible for depreciation at the rate of 80% under the normal rate beside additional depreciation @ 20% u/s 32(1)(iia) of the Act. Since, the assessee has claimed only 50% of the normal rate in the preceding assessment year, therefore the remaining claim was made to the tune of 50% (40% normal rate +10% additional rate) in the current year. Assessee again claimed depreciation at the rate of 80% under the normal provision and 20% u/s 32(1)(iia) of the Act. Therefore, we do not find any anomaly or mistake in the claim of the assessee. Accordingly, the order passed by the AO is neither erroneous nor prejudicial to the interest of the Revenue on this count. Therefore, the revisionary jurisdiction on the said issue in not-sustainable under the law and is accordingly, quashed. Excess brought forward loss/ depreciation from the earlier years against the current year income - The same were stated to be correctly claimed by the assessee in accordance with the orders passed by the AO giving appeal effect to the appellate orders. We note that the issue was not examined by the PCIT with reference to the various orders passed by the AO determining the unabsorbed depreciation/ unabsorbed losses in the earlier assessment years and therefore we sustain the revisionary order passed by the ld. PCIT on this issue. Similarly, we direct the ld. AO to verify the amount of brought forward unabsorbed loss/ depreciation and allow the same. ISSUES PRESENTED AND CONSIDERED 1. Whether the revisionary jurisdiction under section 263 of the Income-tax Act was validly exercised in respect of alleged excess claim of depreciation on plant and machinery. 2. Whether the revisionary jurisdiction under section 263 of the Income-tax Act was validly exercised in respect of alleged excess claim of brought forward unabsorbed losses and depreciation. ISSUE-WISE DETAILED ANALYSIS - ISSUE 1: Validity of section 263 revision on alleged excess depreciation claim Legal framework: Section 263 confers power on a competent authority to revise an assessment if the assessment is erroneous and prejudicial to the interests of the Revenue; depreciation is governed by section 32 (including proviso/additional depreciation under section 32(1)(iia)), and the treatment of additions put to use for less than 180 days affects the amount of depreciation allowable in the first year. Precedent Treatment: No specific precedent was cited in the judgment; the Tribunal examined statutory provisions and factual record rather than distinguishing or overruling any authority. Interpretation and reasoning: The Court analyzed the factual matrix that the asset was added in the preceding year and was put to use for less than 180 days; consequently, only a proportionate claim (50% comprising 40% normal depreciation + 10% additional depreciation) was made in the preceding year with the balance taxable depreciation claimed in the current year. The Tribunal accepted the assessee's disclosure in the tax audit reports and the Assessing Officer's allowance of the prior-year claim and found no anomaly in the methodology adopted (i.e., apportionment between two years consistent with rates of 80% normal + 20% additional under section 32(1)(iia)). Ratio vs. Obiter: Ratio - where an assessee legitimately apportions depreciation due to short period of use in a prior year, and the prior-year claim and subsequent-year WDV/claim are consistent with statutory rates and audit disclosure, the assessment framed by the Assessing Officer cannot be held to be erroneous and prejudicial for purposes of section 263. Obiter - general comments that no anomaly or mistake was found in the factual matrix. Conclusion: The exercise of revisionary jurisdiction under section 263 insofar as it relates to the alleged excess claim of depreciation is unsustainable and is quashed; the Assessing Officer's order on this count is neither erroneous nor prejudicial to the Revenue. ISSUE-WISE DETAILED ANALYSIS - ISSUE 2: Validity of section 263 revision on claimed brought forward unabsorbed losses and depreciation Legal framework: Section 263 requires a finding that an assessment is erroneous and prejudicial to the Revenue; brought forward unabsorbed losses and depreciation are to be determined in accordance with earlier assessment orders and appellate directions, and any adjustment must reflect the final determination of earlier years as given effect to in the assessment process. Precedent Treatment: No binding precedents were relied upon or discussed; the Tribunal assessed whether the revising authority examined earlier assessment/appellate orders and the basis on which the Assessing Officer gave effect to appellate directions. Interpretation and reasoning: The Tribunal noted the assessee's contention that brought forward unabsorbed losses and depreciation were claimed consistent with amounts determined by the Assessing Officer after giving effect to appellate orders. The Court found that the revising authority (PCIT) did not examine the relevant earlier orders and appellate-effect computations before concluding that the assessment was erroneous and prejudicial. Given that the correctness of quantum of brought forward items depends on detailed verification of earlier assessment/appellate records, the Tribunal held that the PCIT's conclusion could not be sustained without such examination. Ratio vs. Obiter: Ratio - revision under section 263 cannot be sustained where the revising authority has not examined the Assessing Officer's records and appellate-effect orders that determine the quantum of brought forward losses/depreciation; proper verification is a necessary precondition to hold an assessment erroneous and prejudicial. Obiter - the observation that the Assessing Officer can be directed to verify amounts and allow correct figures in de novo proceedings. Conclusion: The exercise of revisionary jurisdiction under section 263 on the issue of brought forward unabsorbed losses and depreciation is sustained to the extent that the revising authority failed to examine earlier orders; the matter is remitted to the Assessing Officer to verify and determine the correct amounts after affording the assessee reasonable opportunity of hearing. DISPOSITION AND PRINCIPLES APPLIED The appeal is partly allowed: the section 263 revision is quashed insofar as it relates to depreciation claimed on plant and machinery; the section 263 revision is sustained insofar as it relates to brought forward unabsorbed losses/depreciation and remitted for carrying out detailed verification and fresh assessment action with opportunity of hearing. INTER-RELATIONS AND CROSS-REFERENCES Where an apparent numerical discrepancy in assessment rests on prior-year apportionment and disclosure (e.g., short period of use and proportionate depreciation claim), the revising authority must examine the prior-year assessment/appellate records before invoking section 263 (cross-reference Issue 1 ? Issue 2). Conversely, where brought forward items depend on final determinations in earlier years and appellate effect, the revising authority must verify those earlier orders or remit the matter for verification rather than summarily holding the assessment erroneous and prejudicial (cross-reference Issue 2 ? Issue 1 on necessity of record examination).