2002 (2) TMI 26 - HC - Income Tax

1. Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the amount of Rs. 50,345 paid as guarantee commission was on capital account and disallowable as such? - 2. Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that an amount of Rs. 20,924 in respect of exchange loss was disallowable as capital expenditure? - 3. Whether the Tribunal was justified in law in confirming the levy of interest under section 215 of the Income-tax Act, 1961? - Whether, on the facts and in the circumstances of the case, the Tribunal is right in law in holding that charging of interest under section 216 of the Income-tax Act, 1961, was not justified?

Summary

Issues:
1. Disallowance of guarantee commission as capital expenditure.
2. Disallowance of exchange loss as capital expenditure.
3. Justification of levy of interest under section 215 of the Income-tax Act, 1961.
4. Charging of interest under section 216 of the Income-tax Act, 1961.

Analysis:

Issue 1: Disallowance of guarantee commission as capital expenditure
The Tribunal disallowed the guarantee commission as capital expenditure, following a previous decision. However, the court reversed this decision based on recent Supreme Court rulings and held that the guarantee commission is a revenue expenditure. The court referred to a similar case and concluded that the expenditure incurred on guarantee commission should be treated as revenue expenditure, not capital. Therefore, the court answered question No. 1 in the negative, in favor of the assessee and against the Revenue.

Issue 2: Disallowance of exchange loss as capital expenditure
The Tribunal disallowed the claim of the assessee for exchange loss based on a previous case. The court relied on a Supreme Court decision stating that fluctuations in foreign exchange rates do not alter the cost incurred for the asset's purchase. Therefore, the court held that the exchange loss cannot be claimed as revenue expenditure. Consequently, question No. 2 was answered in the affirmative, in favor of the Revenue and against the assessee.

Issue 3: Justification of levy of interest under section 215
Based on a previous decision, the court held that the interest under section 215 of the Act was rightly charged by the Income-tax Officer. The Tribunal's confirmation of the levy of interest under section 215 was justified. Therefore, the court answered question No. 3 in the affirmative, in favor of the Revenue and against the assessee.

Issue 4: Charging of interest under section 216
The court found that the Income-tax Officer did not provide reasons for levying interest under section 216 nor recorded the requisite finding. Referring to a previous case, the court concluded that the Tribunal should have set aside the order of the Income-tax Officer and remanded the matter for a fresh order as per section 216. Consequently, the court answered this question in the negative, in favor of the assessee and against the Revenue.

In conclusion, the court's judgment addressed various issues related to the disallowance of expenditures and the justification of interest levies under different sections of the Income-tax Act, providing detailed reasoning and references to relevant legal precedents in each decision.