2003 (11) TMI 43 - HC - Income Tax

Reassessment notice notice has been issued only in order to determine whether the vehicles which the petitioner claims it is using in its lease/rent business are actually under the ownership of the petitioner - Obviously deduction on account of depreciation can be claimed only in respect of the vehicles and other consumer durables owned by the petitioner - From the material sought from the petitioner the income-tax authorities would be able to determine the true factual position. Therefore the impugned order does not suffer from any illegality

Summary

Issues:
1. Reopening of assessment for the assessment year 1993-94 based on deduction of depreciation.
2. Validity of notice under section 148 of the Income-tax Act, 1961.

Analysis:
1. The petitioner, engaged in financing vehicles and consumer durables, filed an income tax return for the assessment year 1993-94 declaring income of Rs.1,05,190, which was accepted. However, during scrutiny, the taxable income was determined at Rs.1,12,698 with depreciation of Rs.16,22,387. Subsequently, notices were received under sections 154/155 and 263 alleging incorrect depreciation deductions. The petitioner responded justifying the deductions, leading to the dropping of proceedings. A notice under section 148 was issued to reopen the assessment, questioning the ownership of vehicles claimed for depreciation. The petitioner challenged this notice, leading to the present writ petition.

2. The communication dated December 23, 2002, highlighted the issue that depreciation can be claimed on the petitioner's assets but not on goods sold on "hire-purchase basis." The authorities sought verification of vehicle ownership used in the "lease/rent" business to justify depreciation claims. Documents such as purchase records, bills, registration details, and lessee deposits were requested to determine ownership. The court observed that the notice aimed to establish ownership of vehicles to validate depreciation claims. If the petitioner truly owned the vehicles, depreciation deductions would be justified. The court found the notice legal and based on the authority's legitimate action to verify ownership of assets claimed for depreciation.

In conclusion, the court dismissed the petition, affirming the legality of the notice under section 148 to reassess the petitioner's income for the assessment year 1993-94 based on the ownership verification of vehicles used in the "lease/rent" business. The judgment emphasized the importance of substantiating ownership for claiming depreciation deductions, ensuring compliance with tax regulations.