2005 (5) TMI 550 - AT - Income Tax

Technical know-how expenditure, Business expenditure, Business disallowance - Interest, etc., payable outside India,

Summary

Issues:
1. Disallowance under section 37(2A)
2. Addition of income received from Bansal Traders
3. Disallowance of contribution to legal heirs of deceased employee
4. Disallowance related to foreign exchange fluctuation on technical know-how
5. Disallowance under section 35AB read with section 40(a)

Issue 1: Disallowance under section 37(2A)
The appeal involved the disallowance under section 37(2A) of Rs. 82,186 and Rs. 10,000 for training and conference expenses. The grounds were dismissed as not pressed by the appellant's counsel during the hearing.

Issue 2: Addition of Income from Bansal Traders
The appeal contested the addition of Rs. 1,88,565 as income received from Bansal Traders, arguing that it was already taxed in the subsequent assessment year. The tribunal directed the Assessing Officer to verify if the income had been taxed in the following year and delete it if so.

Issue 3: Disallowance of Contribution to Legal Heirs
The dispute was over the disallowance of Rs. 45,804 paid to the legal heirs of a deceased employee. The appellant argued that the payment was for the betterment of employees and hence allowable under section 37(1). The tribunal agreed with the appellant, citing a previous decision in favor of such payments, and allowed the deduction.

Issue 4: Disallowance Related to Foreign Exchange Fluctuation
The appeal challenged the disallowance of 1/6th of the difference in foreign exchange amounting to Rs. 32,35,007 paid on technical know-how. The tribunal remitted the issue back to the Assessing Officer, directing to allow the deduction under section 35AB in the year when the amount is actually paid, subject to TDS.

Issue 5: Disallowance under Section 35AB read with Section 40(a)
The dispute involved the disallowance of Rs. 60,52,389 under section 35AB read with section 40(a) of the Income-tax Act. The tribunal held that deduction under section 35AB would be allowed when the amount is actually paid and TDS is deducted and paid to the Government account. The case was remitted back to the Assessing Officer for further consideration.

In conclusion, the tribunal partly allowed the appeal, directing specific actions for each issue raised in the case.