ITAT Ahmedabad: Suyog Electricals Ltd. v. DCIT, Circle
2(1)(1), Vadodara, ITA No. 1352/Ahd/2025, order dated 25 November 2025.
Core Issue: Whether an addition of Rs. 4,83,894, being the
book profit on sale of a motor vehicle forming part of the depreciable block of
“Motor Cars” (15%), could be sustained when the assessee had already reduced
the full sale consideration of Rs. 5,60,000 from the block in accordance with
Section 43(6)(c) of the Income-tax Act, 1961, and the block continued to exist
thereafter. In essence, the dispute was whether the tax authorities could treat
the book profit as a taxable business receipt, resulting in double taxation,
notwithstanding the statutory mechanism governing depreciable assets.
Facts: The assessee company sold a motor vehicle during the
previous year relevant to AY 2018-19. The vehicle formed part of the existing
block of assets classified as “Motor Cars” eligible for depreciation at 15 per
cent. As per the books maintained under the Companies Act, the asset had a net
book value of Rs. 76,106. On sale at Rs. 5,60,000, the company recorded an
accounting profit of Rs. 4,83,894, which was credited to the Profit and Loss
Account in the ordinary course of financial reporting.
For tax purposes, in the depreciation schedule forming part
of the ITR, the assessee reduced the entire sale consideration of Rs. 5,60,000
from the written down value of the block, as mandated by the block-of-assets
system. In the computation of income, the assessee removed the book profit
credited in the accounts, contending that it had no tax implication under the
Act once the asset belonged to a subsisting block.
The Assessing Officer completed the assessment under Section
143(3) and made an addition of Rs. 4,83,894, stating that the amount had been
credited in the Profit and Loss Account and hence formed part of the taxable
business profits. The case was originally selected for limited scrutiny on a
different issue, but the AO invoked the computation sheet to justify the
addition.
Before the CIT(A), the assessee argued that the sale
consideration had already been reduced from the block, thereby eliminating any
further tax event. The appellate authority, however, held that the assessee had
not filed a revised return nor had it provided sufficient documentary support
to substantiate its claim of double taxation. The appeal was dismissed.
Statutory Framework: The Tribunal examined the scheme of
Sections 32 and 43(6)(c) of the Act, together with Rule 5 of the Income-tax
Rules. Section 32 allows depreciation only on the written down value of a block
of assets. Section 43(6)(c) defines “written down value” for a block as the
opening WDV increased by actual cost of additions and decreased by the “moneys
payable” in respect of any asset which is sold, discarded, demolished or
destroyed. Once an asset becomes part of a block, its independent identity is
extinguished, and any individual profit or loss on its sale becomes irrelevant
for computation under the Act. The only statutory adjustment is the reduction
of the sale consideration from the block.
The Tribunal also noted that Section 50 carves out a
specific exception where capital gains are computed if the entire block ceases
to exist. That circumstance was not applicable here, as the block remained
intact after the sale.
Findings of the Assessing Officer: The AO treated the
accounting profit on sale of the fixed asset as taxable. The reasoning was
confined to the fact that the amount appeared in the Profit and Loss Account.
There was no reference to the block-based depreciation provisions, nor was any
statutory basis cited to justify a separate taxability of this profit when the
block of assets continued.
Findings of the CIT(A): The CIT(A) confirmed the addition on
the ground that the assessee had not furnished adequate supporting
documentation, such as a revised computation or reconciliation of written down
value, to substantiate the contention that the profit had already been
neutralised through the block mechanism. The CIT(A) also took the view that the
assessee’s claim amounted to a new claim made for the first time in appeal
without a revised return, and therefore could not be entertained.
Tribunal’s Analysis and Findings: The Tribunal carefully
examined the depreciation schedule in the income-tax return and noted that the
entire sale consideration of Rs. 5,60,000 had indeed been reduced from the
block of “Motor Cars”. This fact was not disputed by the revenue authorities.
Once the statutory reduction had been made, the matter was fully governed by
the computation mechanism in Section 43(6)(c). The Tribunal emphasised that the
block-of-assets concept is a self-contained code: individual assets lose their
separate identities, and neither accounting profits nor accounting losses on
their sale are relevant for determining taxable income unless the block as a
whole is extinguished.
It observed that the Assessing Officer had not pointed to
any provision in the Act enabling the separate taxation of the book profit. Nor
had the CIT(A) demonstrated how such an addition could be reconciled with the
statutory mandate governing depreciable assets. The Tribunal held that taxing
the accounting profit separately would lead to an untenable double
taxation—first by reducing the WDV of the block (thereby diminishing
depreciation) and again by treating the book surplus as income. Such duplication
is wholly inconsistent with the legislative design behind the block-based
depreciation regime.
The Tribunal also rejected the reasoning of the CIT(A)
regarding the absence of a revised return. The assessee had not made a new
claim but had merely applied the statutory computation mechanism in its return
and had presented evidence of reduction from the block. The denial of relief on
a technical ground was therefore unjustified.
ITAT Decision:On a comprehensive review of the record and
statutory provisions, the Tribunal concluded that the addition of Rs. 4,83,894
was unsustainable in law and on facts. Since the sale consideration had already
been fully adjusted against the block, there was no residual profit liable to
tax. The addition was deleted, and the appeal of the assessee was allowed in
full.
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