2008 (4) TMI 765 - HC - Income Tax

Summary

Issues Involved:
The judgment involves two main issues:
1. Interpretation of disallowance u/s 37(3A) of the IT Act, 1961 concerning the net amount versus gross amount.
2. Entertaining an additional ground of appeal regarding expenditure on skimmed milk suppliers for the assessment year 1985-86.

Issue 1: Disallowance u/s 37(3A) of the IT Act:
The Tribunal considered whether disallowance under section 37(3A) should be based on the net amount or the gross amount. The AO initially disallowed a gross expenditure towards advertisement, publicity, and sales promotion. The assessee argued that only the net amount after recovering from dealers should be considered. The CIT(A) upheld the AO's decision. The Tribunal held that only claimed expenditure can be considered for disallowance under section 37(3A) and not any unclaimed amount. It emphasized that the gross amount debited may not necessarily be the actual expenditure, especially if a significant portion has been recovered. The Tribunal concluded that only the claimed amount of expenditure should be considered for disallowance under section 37(3A).

Issue 2: Additional Ground of Appeal for Skimmed Milk Suppliers:
During the appeal, the assessee sought to raise an additional ground concerning payments made to skimmed milk suppliers, which had been disallowed for the previous assessment year. The Tribunal found that the expenditure was genuine and allowable, and the assessee's intention was bona fide in claiming it for the current year. Citing precedent, the Tribunal held that the appellate authority can permit raising additional grounds if they are bona fide and could not have been raised earlier for valid reasons. The Tribunal concluded that the CIT(A) should have entertained the additional ground regarding the expenditure on skimmed milk suppliers, even though it had been claimed for the previous assessment year and subsequently disallowed.

In summary, the High Court upheld the Tribunal's decision on both issues, ruling in favor of the assessee and against the Revenue. The judgment clarified the interpretation of disallowance under section 37(3A) and affirmed the allowance of the additional ground of appeal for expenditure on skimmed milk suppliers.