2011 (9) TMI 989 - AT - Income Tax

Summary

Issues involved:
The issues involved in this case are the deletion of addition of Rs. 1,32,88,530 on account of write back of share application money, and the deletion of addition of Rs. 45,41,542 on account of write back of loan, as well as the applicability of sections 28(iv) and 41(1) of the Income Tax Act.

Deletion of Addition of Rs. 1,32,88,530 on Account of Write Back of Share Application Money:
The Assessing Officer observed that the company had credited a sum of Rs. 1,78,30,072 as capital reserves, which included share application money and outstanding liabilities against imports. The company transferred the balance in share application money account and the outstanding liabilities to the capital reserve account, as the holding company waived the obligations. The Assessing Officer taxed Rs. 1,32,88,530 under section 28(iv) and Rs. 45,28,192 under section 41(1) of the IT Act. However, the Ld. Commissioner of Income Tax (Appeals) held that these amounts were not taxable under the respective sections, as they were on capital account and not trading liability. The Tribunal upheld this decision, stating that the transfer from the share application account to the capital reserve account did not meet the criteria under section 28(iv) and hence, the addition was deleted.

Deletion of Addition of Rs. 45,41,542 on Account of Write Back of Loan:
Regarding the addition of Rs. 45,41,542 on account of write back of loan, the Tribunal found that section 41(1) of the IT Act applies only if an allowance or deduction has been made in respect of loss, expenditure, or trading liability, and subsequently, the assessee obtains some benefit by way of remission or cessation thereof. Since the assessee had not claimed any allowance or deduction in respect of the amounts transferred to the capital reserves from the loan account, and the amounts outstanding were on account of capital liability, not trading liability, the Tribunal held that the addition made by the Assessing Officer under section 41(1) was liable to be deleted.

Conclusion:
The Tribunal dismissed the appeal filed by the Revenue, upholding the decision of the Ld. Commissioner of Income Tax (Appeals) to delete the additions of Rs. 1,32,88,530 and Rs. 45,41,542. The Tribunal found no infirmity in the orders of the lower authorities and pronounced the judgment on 30/9/2011.