2013 (2) TMI 789 - HC - Income Tax

Summary

Issues Involved:
The judgment involves various issues including disallowances under Rule 6B, treatment of canteen supplies and provisions, excise duty on finished goods, share dilution expenses, expenditure on consumable items, adjustments to profits for Modvat credit, interest on DPEA liability, capital gain computation, slump sale treatment, deduction u/s. 80M, payment to sports club, premium on debentures, and taxability of non-complete fees.

Disallowances under Rule 6B:
The Tribunal justified in not sustaining the disallowances made by the Assessing Officer under Rule 6B in respect of gift articles. The Tribunal's decision was based on previous orders and was upheld, leading to the dismissal of the issue.

Treatment of Canteen Supplies and Provisions:
The Tribunal directed to allow the expenditure on canteen supplies and provisions for visitors in the guest house as regular business expenditure, contrary to the provisions of Section 37(4) of the Income Tax Act. This decision was based on previous orders and was accepted by the Revenue, resulting in the dismissal of the issue.

Excise Duty on Finished Goods:
The Tribunal deleted the addition of a specific amount in respect of excise duty paid on finished goods lying in the closing stock. This decision was in line with previous orders and was accepted by the Revenue, leading to the dismissal of the issue.

Share Dilution Expenses:
The Tribunal held that share dilution expenses incurred for rising capital for the purchase of Plant & Machinery should be capitalized, allowing depreciation on the same. This decision was based on previous orders and was accepted, resulting in the dismissal of the issue.

Expenditure on Consumable Items:
The Tribunal held that the entire expenditure incurred on the purchase of consumable items like Diesel, Oil, and Coal should be allowed as business expenditure, even if not all purchases were consumed during the relevant previous year. This decision was based on previous orders and was accepted, leading to the dismissal of the issue.

Adjustments to Profits for Modvat Credit:
The Tribunal directed to effect adjustments to profits in respect of unutilized Modvat credit and disallowances for computing the total income for deduction u/s. 80I 80 IA of the Income Tax Act. This decision was based on previous orders and was accepted, resulting in the dismissal of the issue.

Interest on DPEA Liability:
The Tribunal held that interest on DPEA liability should be allowed as expenditure on a year-to-year basis, despite being contingent in nature. This decision was based on previous court orders, leading to the dismissal of the issue.

Capital Gain Computation and Slump Sale Treatment:
The Tribunal concluded that the sale of the Family Production Division was a slump sale, as no evidence was presented to show valuation on an asset-to-asset basis. This decision was based on the absence of capital gain before the introduction of section 50B of the Income Tax Act, leading to the dismissal of the related questions.

Deduction u/s. 80M and Payment to Sports Club:
The Tribunal upheld the order of the CIT(A) regarding the deduction u/s. 80M on dividend income and the payment made to Glaxo Sports Club, respectively. These decisions were based on previous orders and court decisions, leading to the dismissal of the related questions.

Premium on Debentures and Taxability of Non-Complete Fees:
The Tribunal allowed the premium payable on the redemption of Debentures as a revenue expenditure on a year-to-year basis. Additionally, the Tribunal held that the amount received as non-complete fees was neither taxable as capital nor as revenue receipt. These decisions were based on previous orders and court decisions, leading to the dismissal of the related questions.

Conclusion:
The appeal was dismissed with no order as to costs, as the Tribunal's decisions based on previous orders and court rulings were upheld and accepted by the Revenue.