2005 (5) TMI 672 - AT - Income Tax

Summary

Issues Involved:
1. Depreciation on engineering service fees and applicability of Section 35AB.
2. Disallowance of contribution to a school under Section 40A(9) and 40A(10).
3. Depreciation on fixed assets due to exchange fluctuation on foreign currency loans.

Issue-wise Detailed Analysis:

1. Depreciation on Engineering Service Fees and Applicability of Section 35AB:
The primary issue was whether the engineering service fees paid by the assessee for setting up a float glass plant could be capitalized and depreciated under Section 32, or if it should be treated as a deduction under Section 35AB. The assessee capitalized the engineering fees paid to Guardian Industries Corporation, USA, and claimed depreciation. The Assessing Officer disallowed this, suggesting the fees should be treated under Section 35AB, which pertains to acquiring know-how for manufacturing or processing goods. The CIT (Appeals) allowed the depreciation, reasoning that the expenses were for setting up the plant, not for manufacturing processes. The Tribunal upheld the CIT (Appeals)'s decision, noting that Section 35AB did not apply as the expenditure was for setting up the plant, and the assessee was entitled to depreciation under Section 32.

2. Disallowance of Contribution to a School under Section 40A(9) and 40A(10):
The second issue involved the disallowance of a Rs. 10 lakh contribution to a school under Section 40A(9), which restricts deductions for contributions to funds or trusts for employees' benefits. The assessee argued that the contribution was a contractual obligation for reserving seats for employees' children, thus not voluntary. The CIT (Appeals) deleted the disallowance, referencing a similar case (Modi Rubber Ltd.) and a Kerala High Court decision, which supported the assessee's position. The Tribunal upheld the CIT (Appeals)'s decision, affirming the contribution was not voluntary and thus not disallowed under Section 40A(9).

3. Depreciation on Fixed Assets Due to Exchange Fluctuation on Foreign Currency Loans:
The third issue was the disallowance of depreciation on fixed assets due to exchange rate fluctuations on foreign currency loans. The Assessing Officer disallowed the depreciation, arguing that only actual payments should affect the cost of assets. The CIT (Appeals) allowed the depreciation, citing accounting standards and judicial precedents (including Supreme Court and High Court decisions) that supported adjusting the asset cost for exchange rate fluctuations. The Tribunal upheld the CIT (Appeals)'s decision, noting the consistency with accounting standards and judicial decisions, allowing the depreciation on the enhanced liability due to exchange rate fluctuations.

Conclusion:
The Tribunal dismissed the revenue's appeals, upholding the CIT (Appeals)'s decisions on all issues. The assessee was entitled to capitalize and depreciate the engineering service fees under Section 32, the contribution to the school was not disallowed under Section 40A(9), and the depreciation on fixed assets due to exchange rate fluctuations was correctly allowed.