2011 (7) TMI 1215 - AT - Income Tax

Issues Involved:
1. Addition towards sale of old newspapers.
2. Disallowance towards personal use of car.
3. Addition on account of provision for depreciation on investments written back.
4. Addition towards locker rent on accrual basis.
5. Disallowance on account of donation.
6. Addition of interest accrued on securities.
7. Addition on account of broken period interest.
8. Disallowance u/s 36(1)(vii) for bad debts.
9. Disallowance of deduction u/s 36(1)(vii) for bad debts on urban branches.
10. Addition towards depreciation on investments.
11. Addition on account of amortization expenses.
12. Addition on account of cessation of liability for stale drafts.
13. Addition on account of share listing fees.
14. Addition on account of provision for bonus.
15. Disallowance of depreciation on shifting of securities.
16. Addition of deemed interest received on ECGC/DICGC.

Issue-wise Detailed Analysis:

1. Addition towards Sale of Old Newspapers:
The assessee's appeal against the addition of Rs. 2.97 lakhs for the sale of old newspapers was remanded back to the Assessing Officer (AO) for verification. The AO was directed to check if the sale proceeds were accounted for in the books, with the assessee required to provide necessary details.

2. Disallowance towards Personal Use of Car:
The AO disallowed 25% of car expenses due to the absence of logbooks. The CIT(A) confirmed this disallowance. The Tribunal upheld the disallowance, citing the Hon'ble Madras High Court's decision that the onus was on the assessee to prove the car was not used for personal purposes.

3. Addition on Account of Provision for Depreciation on Investments Written Back:
The assessee did not press this ground of appeal, leading to its dismissal for want of prosecution.

4. Addition towards Locker Rent on Accrual Basis:
The AO added Rs. 70,634 for AY 2006-07 and Rs. 66,931 for AY 2007-08, considering income on an accrual basis. The CIT(A) confirmed this addition. The Tribunal upheld the addition but directed the AO to exclude the same income in subsequent years if shown on a receipt basis.

5. Disallowance on Account of Donation:
The AO disallowed Rs. 5 lakhs paid to Ishwar School for Handicapped Persons, as it was not for business purposes. The CIT(A) confirmed this. The Tribunal upheld the disallowance, noting the payment was for advertising in a yet-to-be-constructed building, thus not for the business purpose of the assessee.

6. Addition of Interest Accrued on Securities:
The AO added interest accrued on securities, but the CIT(A) allowed relief following the Hon'ble Madras High Court's decision in the assessee's favor. The Tribunal confirmed the CIT(A)'s order, dismissing the Revenue's appeal.

7. Addition on Account of Broken Period Interest:
The AO added broken period interest, treating it as capital expenditure. The CIT(A) allowed it as revenue expenditure, following the Hon'ble Jurisdictional High Court's decision. The Tribunal reversed the CIT(A)'s order, restoring the AO's decision based on earlier Tribunal rulings.

8. Disallowance u/s 36(1)(vii) for Bad Debts:
The AO disallowed bad debt deductions for rural advances due to the absence of provisions in the books. The CIT(A) allowed the deduction, following the Hon'ble Jurisdictional High Court's decision. The Tribunal upheld the CIT(A)'s order, dismissing the Revenue's appeal.

9. Disallowance of Deduction u/s 36(1)(vii) for Bad Debts on Urban Branches:
The AO disallowed bad debt deductions for urban branches. The CIT(A) allowed the deduction, following the Hon'ble Jurisdictional High Court's decision. The Tribunal upheld the CIT(A)'s order, dismissing the Revenue's appeal.

10. Addition towards Depreciation on Investments:
The AO added depreciation on investments, citing different valuation methods. The CIT(A) allowed the claim, following the Hon'ble Jurisdictional High Court's decision. The Tribunal upheld the CIT(A)'s order, dismissing the Revenue's appeal.

11. Addition on Account of Amortization Expenses:
The AO capitalized amortization expenses. The CIT(A) allowed the claim, following the Hon'ble Jurisdictional High Court's decision. The Tribunal upheld the CIT(A)'s order, dismissing the Revenue's appeal.

12. Addition on Account of Cessation of Liability for Stale Drafts:
The AO added stale drafts as income. The CIT(A) allowed the claim, following the Tribunal's earlier decisions. The Tribunal upheld the CIT(A)'s order, dismissing the Revenue's appeal.

13. Addition on Account of Share Listing Fees:
The AO treated share listing fees as capital expenditure. The CIT(A) allowed the claim, following the Hon'ble Gujarat High Court's decision. The Tribunal upheld the CIT(A)'s order, dismissing the Revenue's appeal.

14. Addition on Account of Provision for Bonus:
The AO added provision for books, but the CIT(A) allowed it as a bonus payment. The Tribunal remanded the matter back to the AO for clarification and fresh adjudication.

15. Disallowance of Depreciation on Shifting of Securities:
The AO disallowed depreciation on securities, treating them as investments. The CIT(A) allowed the claim, following the Hon'ble Jurisdictional High Court's decision. The Tribunal upheld the CIT(A)'s order, dismissing the Revenue's appeal.

16. Addition of Deemed Interest Received on ECGC/DICGC:
The AO added deemed interest on ECGC/DICGC claims. The CIT(A) remanded the matter back to the AO for verification. The Tribunal upheld the CIT(A)'s direction, dismissing the Revenue's appeal.

Conclusion:
The Tribunal's consolidated order resulted in various appeals being dismissed, partly allowed for statistical purposes, or remanded back to the AO for fresh adjudication, with significant reliance on precedents and jurisdictional High Court decisions.

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