9911796707
|
Home
Issues Involved:
1. Admission of additional grounds by the assessee. 2. Claim of deduction on account of guarantee obligation. 3. Payments for trade-mark license fee, non-competition fees, and license fee for use of technical information. 4. Profit on sale of Bhandup Division. 5. Royalty fee receivable from Balaji Distilleries Ltd. 6. Sundry credit balances written back. 7. Office-cum-transit premises expenses. Detailed Analysis: Issue 1: Admission of Additional Grounds The assessee requested the admission of two additional grounds: (1) Allowing Rs. 2,41,89,563 as accrued liability for the assessment year 1994-95, and (2) Allowing the entire Rs. 1,85,00,000 incurred towards technical know-how under Section 37 instead of 1/6th under Section 35AB. The Tribunal admitted these grounds, noting that they aimed to correct the quantum of claim and were supported by existing records. Issue 2: Claim of Deduction on Account of Guarantee Obligation The assessee claimed a deduction of Rs. 4,79,97,833 for guarantee obligations discharged on behalf of UB Elastomers Ltd. (UBEL). The AO disallowed the claim, citing reasons such as lack of authorization in the memorandum of association, no commission charged for the guarantee, and the transaction being capital in nature. The Tribunal, however, found that the assessee was authorized to extend guarantees, had a business purpose for doing so, and systematically carried out this activity over the years. The Tribunal allowed the deduction, noting that the expenditure was revenue in nature and incurred wholly and exclusively for business purposes. Issue 3: Payments for Trade-mark License Fee, Non-Competition Fees, and License Fee for Use of Technical Information The assessee claimed Rs. 6,80,83,334 as revenue expenditure for trade-mark license fee, non-competition fees, and technical information. The AO disallowed the entire claim, while the CIT(A) allowed only the technical information fee. The Tribunal examined the agreements and found that the payments were for the use of trade-marks and technical information, not for acquisition, and thus were revenue in nature. The Tribunal allowed the entire claim, including the additional ground for the full Rs. 1,85,00,000 spent on technical information. Issue 4: Profit on Sale of Bhandup Division The assessee sold its food business division for Rs. 675 lacs and claimed the surplus as exempt from tax on a slump sale basis. The AO adopted a higher sale consideration of Rs. 1,228 lacs and computed the income as long-term capital gain. The CIT(A) adopted the assessee's declared consideration but held it as capital gain. The Tribunal noted that the assessee did not press this issue, and thus, it was dismissed. Issue 5: Royalty Fee Receivable from Balaji Distilleries Ltd. The AO added Rs. 95,35,760, assuming the assessee should have received higher royalty. The CIT(A) restored the issue to the AO for further investigation. The Tribunal found no material evidence against the assessee and held that the addition was based on suspicion. The Tribunal deleted the addition, noting that the royalty arrangement was consistent with earlier and later years. Issue 6: Sundry Credit Balances Written Back The AO added Rs. 55,815 for credit balances written back, which the CIT(A) confirmed. The assessee chose not to press this issue before the Tribunal, and it was dismissed. Issue 7: Office-cum-Transit Premises Expenses The AO treated the entire premises as a personal residence of Mr. Vijay Mallya and disallowed the expenses. The CIT(A) held the entire premises as a guest house. The Tribunal found that the premises were used for both office and transit accommodation, as established in earlier years. The Tribunal directed the AO to allow 50% of the expenditure as office expenses and apply Section 37(4) to the remaining 50%. Conclusion: The Tribunal allowed the appeals in part, providing relief on several grounds while dismissing others. The detailed analysis ensured that the claims were evaluated based on existing records, legal precedents, and the nature of the expenses.
|
