2014 (12) TMI 1150 - AT - Income Tax

Disallowance of corporate cost of allocation expenses - Admission of additional evidence - Held that - Court admits the additional evidences filed by the assessee. Since these evidences go to the root of the matter for adjudication of the allowability of corporate cost of allocation expenses, we deem it proper to restore the issue to the file of the AO with a direction to give one more opportunity to the assessee to explain his case. The AO shall decide the issue afresh and as per law after giving due opportunity of being heard to the assessee. - Matter remanded back - Decided in favour of assessee.

Summary

Issues:

1. Assessment of income under normal provisions of the Act.
2. Disallowance of corporate cost allocation expenses.

Analysis:

Issue 1: Assessment of income under normal provisions of the Act

The appeal was filed against the order passed under section 143(3) read with section 144C(13) of the Income Tax Act by the Deputy Director of IT (International Taxation-I) for the assessment year 2009-10. The assessee contested the assessment of income at Rs. 3,93,13,710 instead of the returned income of Rs. 2,57,91,567 based on directions from the Dispute Resolution Panel. The AO observed that the assessee debited Rs. 1,35,22,144 under 'corporate cost allocation' without providing sufficient evidence. The AO requested the basis of allocation and evidence for the services received, which the assessee failed to adequately substantiate. The AO proposed disallowance under section 37(1) due to lack of proof of actual services received for the expenditure incurred. The DRP upheld the AO's decision, leading to the addition of Rs. 1,35,22,144 to the total income of the assessee.

Issue 2: Disallowance of corporate cost allocation expenses

The assessee sought admission of additional evidence, including a transfer pricing report, service agreement, cost allocation breakup, and vouchers to support its case. The counsel argued that due to the limited setup in India, obtaining these details earlier was challenging. The Departmental Representative objected to the admission of additional evidence, citing the assessee's failure to produce the details despite opportunities. The Tribunal admitted the additional evidence crucial for determining the allowability of corporate cost allocation expenses. The matter was remanded to the AO to reconsider the issue after allowing the assessee to explain its case with the new evidence. Consequently, the appeal was allowed for statistical purposes, emphasizing the importance of providing necessary evidence to support expenditure claims.

In conclusion, the Tribunal's decision highlighted the significance of substantiating expenses with appropriate documentation and providing a fair opportunity for the assessee to present its case. The case underscores the importance of complying with evidentiary requirements to support income assessment and expense claims under the Income Tax Act.