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2014 (9) TMI 928 - AT - Income TaxDisallowance of property tax paid at USA - Disallowance up to 50% of the total electricity expenses - Held that - Following decision of assessee's own previous case 2015 (4) TMI 85 - ITAT LUCKNOW - no justification to take a contrary view in this appeal - Decided against Revenue.
Issues: Disallowance of property tax paid in the USA and restriction of electricity expenses for business purposes.
Analysis: 1. Issue 1 - Disallowance of Property Tax Paid in the USA: The Revenue appealed against the CIT(A)'s order deleting the disallowance of property tax paid in the USA. The Revenue argued that the office in the USA was treated as a Permanent Establishment, and taxes were paid on its profit there, so carrying expenses to India for profit computation was incorrect. The Tribunal referred to a previous order in a similar case where it was held that when income earned abroad is taxed in India, the expenditure incurred in earning it should be allowed. The Tribunal found no fault in the CIT(A)'s decision and upheld it, dismissing the Revenue's appeal. 2. Issue 2 - Restriction of Electricity Expenses: The second issue involved the restriction of electricity expenses to 50% of the total claim. The Revenue contended that the expenses were not wholly for business purposes and had elements of personal use. The Tribunal examined the case where a similar disallowance was made, and it was found that only 50% of the total claim was allowed. The Tribunal upheld the CIT(A)'s decision, stating that the disallowance was reasonable. The Revenue's appeal was dismissed, confirming the order of the CIT(A). In conclusion, the Tribunal found that the impugned issues were covered by previous orders in favor of the assessee. The Tribunal upheld the CIT(A)'s decisions on both issues, dismissing the Revenue's appeals and confirming the orders. The principle of matching income and expenditure when income earned abroad is taxed in India was emphasized in the judgment, leading to the dismissal of the Revenue's appeals.
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