2008 (11) TMI 429 - AT - Income Tax

Summary

Issues Involved:
1. Disallowance of contribution towards Employees' Gratuity Fund.
2. Disallowance of launch expenses.
3. Disallowance of royalty expenses.

Summary:

Issue 1: Disallowance of Contribution towards Employees' Gratuity Fund
The appellant contested the disallowance of Rs. 12,90,044 paid to LIC of India for Employees' Gratuity Fund on the grounds that the fund was unapproved at the time. The approval was later granted effective from 1-4-2001. The Tribunal found that since the approval was retroactive, the disallowance should be deleted. Thus, this ground of the assessee was allowed.

Issue 2: Disallowance of Launch Expenses
The appellant challenged the disallowance of Rs. 6,31,239 incurred for modifying and developing radiators, which was treated as capital expenditure by the Assessing Officer. The Tribunal noted the similarity with the case of Honda Seil Cars India Ltd. and decided to remand the matter back to the Assessing Officer for a fresh decision in light of the Tribunal's previous judgment. The Tribunal also directed the Assessing Officer to allow depreciation if any part of the launch expenses is treated as capital expenditure. This ground was allowed for statistical purposes.

Issue 3: Disallowance of Royalty Expenses
The appellant disputed the disallowance of Rs. 20,78,824 paid as royalty for technology use, arguing it was revenue expenditure. The Tribunal examined the agreement and found that the appellant had the right to use the technical information even after the agreement's termination, indicating an enduring benefit. The Tribunal held that the payment was capital in nature, citing relevant judgments, including those of the Hon'ble Kerala High Court and the Hon'ble Apex Court. Consequently, this ground of the assessee was rejected.

Conclusion:
The appeal was partly allowed, with the Tribunal granting relief on the disallowance of the gratuity fund contribution and remanding the issue of launch expenses for fresh consideration, while upholding the disallowance of royalty expenses.