2014 (12) TMI 1333 - HC - Income Tax

Frame the following substantial question of law - Whether the Income Tax Appellate Tribunal was right in holding that the assessee is not entitled to additional depreciation of @15% or 20% under Section 32(1)(iia) of the Income Tax Act, 1961 as it existed prior to 31st March, 2006 or after 1st April, 2006 because the machinery was acquired before 31st March, 2006 but was installed after 1st April, 2006?

Summary

Issues involved:
Delay in re-filing the appeal, Condonation of delay, Additional depreciation under Section 32(1)(iia) of the Income Tax Act, 1961, Installation date of machinery for depreciation calculation, Listing of appeal in Regular List.

Delay in re-filing the appeal:
The judgment addresses a substantial delay of 433 days in re-filing the appeal, attributing it to the appellant's counsel's clerk suffering from jaundice and unfamiliarity with the new e-filing system's requirements. The Revenue did not file a reply to the application for condonation of delay. Despite the delay, the court decided to condone it, subject to the payment of a cost of Rs. 5,000 to the Delhi High Court Bar Association Library Fund within two weeks, with the receipt to be filed in court.

Condonation of delay:
The court, considering the reasons for delay provided by the appellant, decided to condone the substantial delay in re-filing the appeal. The court emphasized the unfamiliarity of the appellant counsel's staff with the new e-filing system's requirements and the clerk's illness as justifications for the delay. The court imposed a cost of Rs. 5,000 to be paid to the Delhi High Court Bar Association Library Fund within two weeks to condone the delay.

Additional depreciation under Section 32(1)(iia) of the Income Tax Act, 1961:
The court framed a substantial question of law regarding the entitlement to additional depreciation under Section 32(1)(iia) of the Income Tax Act, 1961. The question revolved around whether the Income Tax Appellate Tribunal was correct in denying additional depreciation to the assessee based on the installation date of machinery, which was acquired before 31st March, 2006, but installed after 1st April, 2006. This issue highlights the interpretation and application of the relevant provisions of the Income Tax Act.

Installation date of machinery for depreciation calculation:
The judgment delves into the specific issue of the installation date of machinery for the calculation of depreciation under Section 32(1)(iia) of the Income Tax Act, 1961. The court is set to examine whether the machinery acquired before 31st March, 2006, but installed after 1st April, 2006, qualifies for additional depreciation at the rates specified in the Act. This issue emphasizes the importance of precise dates and compliance with statutory provisions in determining tax implications.

Listing of appeal in Regular List:
Given the concise nature of the issue regarding additional depreciation entitlement, the court directed the appeal to be shown in the "Regular List" Part-A in the week commencing 2nd March, 2015. Parties were granted the liberty to file documents or papers submitted before the authorities or Tribunal within eight weeks, streamlining the process for further consideration of the appeal. This decision ensures a structured and timely progression of the legal proceedings related to the matter at hand.