2003 (12) TMI 48 - HC - Income Tax

Rent paid in respect of lease of plant and machinery claim for deduction - first appellate authority and the Tribunal have held that the transactions were genuine and validly entered into and that the assets were sold and leased back purely on business considerations and there is no question of any colourable device - it is apparent that the assessees entered into transactions with the parties to sell and lease back the assets, on the sale price which was determined by an independent valuer - this has been done to minimise the tax liability, which is permissible under the law thus, the assessee was entitled to deduction of rent paid in respect of lease of plant and machinery

Summary

Issues Involved:
1. Whether the transactions of sale and leaseback of plant and machinery by the respondent-companies were bona fide.
2. Whether the lease rent paid by the respondent-companies is admissible as a deduction under section 37 of the Income-tax Act, 1961.
3. Applicability of the principle laid down in McDowell and Co. Ltd. v. CTO [1985] 154 ITR 148 (SC) to the transactions in question.

Issue-wise Detailed Analysis:

1. Bona Fide Nature of Transactions:
The respondent-companies sold their plant and machinery and immediately leased them back for use in their business. The assessing authority disallowed the deduction for lease rent, arguing that the transactions were not bona fide but a device to reduce taxable profit. The appellate authority, however, found that the transactions were genuine, supported by documents proving delivery to the buyer, and conducted at arm's length based on independent valuations. The Tribunal upheld these findings, concluding that the transactions were genuine business arrangements, not colorable devices.

2. Admissibility of Lease Rent Deduction:
The respondent-companies claimed the lease rent paid as a deduction under section 37 of the Income-tax Act, 1961. The assessing authority denied this, citing the transactions as non-bona fide. The appellate authority and the Tribunal, however, allowed the deduction, noting that the transactions were genuine and the lease payments were made from yearly profits, not the capital realized from the sale. They held that the transactions were entered into for legitimate business purposes, thus qualifying for the deduction.

3. Applicability of McDowell and Co. Ltd. v. CTO [1985] 154 ITR 148 (SC):
The assessing authority relied on McDowell's case to argue against the deduction, suggesting that the transactions were a tax avoidance device. However, the appellate authority and the Tribunal distinguished the present case from McDowell, noting that the transactions were genuine and not intended to defraud the Revenue. The court referenced several cases, including IRC v. Duke of Westminster [1936] AC 1 and Union of India v. Azadi Bachao Andolan [2003] 263 ITR 706 (SC), reaffirming that tax planning within the framework of law is permissible. The court concluded that the principles from Westminster still apply, allowing assessees to manage their affairs to minimize tax liabilities legally.

Conclusion:
The court dismissed the appeals, affirming the appellate authority and Tribunal's findings that the transactions were genuine and the lease rent deduction was admissible. The court held that the transactions were valid business arrangements and not colorable devices, and that tax planning within legal bounds is permissible.