1985 (4) TMI 93 - AT - Income Tax

Summary

Issues:
1. Whether the lights installed in the factory premises constitute 'plant' for the purpose of allowing development rebate and initial depreciation.
2. Whether liabilities should be ignored in computing the capital base for working out relief under section 80J of the Income Tax Act.

Analysis:

Issue 1:
The Departmental appeal was restored by the Tribunal to adjudicate on grounds 4 and 5 which were not decided earlier. The Tribunal held that lights installed in the factory were essential for the business and constituted 'plant' under section 43(3) of the IT Act. The Tribunal agreed that the assessee was entitled to development rebate on the expenditure incurred on lights. However, the Tribunal did not address whether the assessee could claim initial depreciation on the same. The Tribunal considered the recent decisions of the Bombay High Court, supporting the broader interpretation of 'plant'. The Tribunal upheld the CIT (A)'s order allowing initial depreciation on light installations.

Issue 2:
Regarding ground 5, the question was whether the CIT (A) erred in directing the exclusion of liabilities in computing the capital base for relief under section 80J. The Supreme Court decision in Lohia Machines Ltd. case clarified that the exclusion of borrowed monies and debts in computing 'capital employed' for tax exemption under rule 19A of IT Rules was within the CBDT's rule-making authority. The Court held that the amendment to section 80J, incorporating rule 19A, was valid. Consequently, the Tribunal upheld the ITO's order and reversed the CIT (A)'s decision, deciding ground 5 in favor of the Department.

In conclusion, ground 4 was decided against the Department, allowing the deduction of initial depreciation on light installations, while ground 5 was decided in favor of the Department, upholding the exclusion of liabilities in computing the capital base for relief under section 80J. The appeal was partly allowed based on these findings.