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2012 (5) TMI 622 - AT - Income TaxAddition u/s 43B - Held that - Remit the matter back to Assessing Officer to verify dates whether payment is made within due dates of filing of return of income u/s. 139(1) of the Act or not. If payments are made within due date of filing of return of income u/s. 139(1) of the Act, then addition should be deleted in full. We order accordingly. This ground of appeal of the assessee is allowed for statistical purposes. Disallowance of prior period expenses on account of interest - Held that - This expenditure is related to the receipts for accounting year 2003-04 and 2004-05 and not to the relevant assessment year 2007-08. Hence, these are not allowable in this year. Disallowance of depreciation on hotel building - Held that - No infirmity in the order of CIT(A) and even in earlier years the assessee s claim has been allowed @ 10% as per depreciation rules. Accordingly, this issue of assessee s appeal is dismissed. Estimated proportionate disallowance of interest paid on borrowed funds having advanced interest free to its subsidiary company and sister concern - Held that - The amount advanced by assessee-company to its subsidiaries is for advancement of its objects and falls under the commercial expediency thus we allow the claim of assessee Addition u/s 14A - Held that - We direct the AO to restrict disallowance at 1% of expenses. This ground of appeal of assessee is partly allowed.
Issues Involved:
1. Revision order passed under Section 263 of the Income-tax Act. 2. Disallowance of employees' contribution to Provident Fund under Section 2(24)(x) read with Section 36(1)(va) of the Income-tax Act. 3. Disallowance of prior period expenses. 4. Disallowance of depreciation on hotel buildings. 5. Proportionate disallowance of interest on borrowed funds advanced interest-free to subsidiaries. 6. Disallowance of interest expenses under Section 14A read with Rule 8D(2)(ii) of the Income-tax Rules. Detailed Analysis: 1. Revision Order Passed Under Section 263 of the Income-tax Act: The appeal against the revision order under Section 263 was dismissed as academic because the Assessing Officer (AO) in the consequential order accepted the total income computed and verified the foreign exchange reserve as per Section 80HHD. 2. Disallowance of Employees' Contribution to Provident Fund: The issue was remitted back to the AO to verify whether the payment was made within the due date of filing the return under Section 139(1). The Tribunal referred to the jurisdictional High Court's decision in CIT v. Vijay Shree Ltd., which held that the amendment to Section 43(B) is retrospective and payments made within the due date of filing the return are deductible. 3. Disallowance of Prior Period Expenses: The CIT(A) confirmed the disallowance of Rs. 5,10,338/- for the prior period expenses related to interest for FYs 2004-05 and 2005-06. The assessee conceded that the expenses related to previous years and were not allowable in the relevant assessment year 2007-08. The Tribunal dismissed this ground of appeal. 4. Disallowance of Depreciation on Hotel Buildings: The CIT(A) confirmed the disallowance of depreciation at 15% claimed by the assessee, allowing only 10% as per the depreciation rules. The Tribunal found no infirmity in the CIT(A)'s order and dismissed this ground of appeal. 5. Proportionate Disallowance of Interest on Borrowed Funds: The AO disallowed Rs. 37,86,614/- of interest on borrowed funds, alleging that the assessee advanced interest-free loans to subsidiaries. The Tribunal, relying on the Supreme Court's decision in Munjal Sales Corpn. v. CIT and S.A. Builders Ltd. v. CIT, allowed the claim of the assessee. It was held that the assessee had sufficient own funds and the advances were for commercial expediency. However, there was a dissenting opinion by the Accountant Member, who suggested a partial disallowance. The Third Member concurred with the Judicial Member, allowing the assessee's claim in full. 6. Disallowance of Interest Expenses Under Section 14A: The Tribunal directed the AO to restrict the disallowance to 1% of the dividend income, following the jurisdictional Tribunal's consistent view and the Bombay High Court's decision in Godrej & Boyce Mfg. Co. Ltd. v. DCIT. Conclusion: - ITA No. 488/Kol/2011 was dismissed. - ITA No. 525/Kol/2011 was partly allowed, with specific directions for the AO to verify certain aspects and restrict disallowances as per the Tribunal's findings.
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