2014 (9) TMI 1072 - AT - Income Tax

Allowance of expenditure under section 35D - Held that - The issue was restored to the file of Ld. CIT(A) in earlier years for determining afresh on the basis of the record for A.Y. 2006-07 being the first year of the claim. Since this is a consequential claim and matters are pending before the Ld. CIT(A) in earlier years we restore the issue to the file of Ld. CIT(A) to consider it afresh in the light of findings given for A.Y. 2006-07. Allowance of expenditure on buy back of equity shares - Held that - In the appellant s case the expenditure incurred on buy back of shares was not capital expenditure as it was only incurred wholly and exclusively for the purpose of carrying on its business as enunciated u/s 37 (1) of the Act and has to be treated as business expenditure

Summary

Issues:
1. Allowance of expenditure under section 35D.
2. Allowance of expenditure on buy back of equity shares.

Issue 1: Allowance of expenditure under section 35D:
The cross-appeals by Assessee and Revenue were against the order of Ld. CIT(A)-V, Hyderabad dated 11.11.2013, concerning the allowance of expenditure under section 35D. The issue was restored to the file of Ld. CIT(A) for determination afresh based on the record for A.Y. 2006-07, being the first year of the claim. Since the matter was pending in earlier years, the issue was restored to Ld. CIT(A) to consider it afresh in light of findings for A.Y. 2006-07. The directions given in previous orders were to be followed. Consequently, the grounds were considered allowed for statistical purposes.

Issue 2: Allowance of expenditure on buy back of equity shares:
The Revenue raised a ground on the direction of Ld. CIT(A) to allow the expenditure on buy back of equity shares. The A.O. had disallowed the claimed deduction under section 37(1) of the Act for the amount spent on buy back of equity shares. However, Ld. CIT(A) deleted the disallowance, stating that the buy back of shares was not capital expenditure as there was no permanent change in the capital structure of the company or enduring benefit received. The decision cited relevant case laws and emphasized that the expenditure was incurred for business expediency and smooth functioning, making it an allowable revenue expenditure under section 37(1) of the Act. The Tribunal did not find any reason to interfere with the order of Ld. CIT(A) based on similar Coordinate Bench decisions on the issue. Consequently, the Revenue's ground was dismissed, and the appeal of the Assessee was allowed for statistical purposes, while the appeal of Revenue was partly allowed for statistical purposes.

In conclusion, the judgment addressed the issues of allowance of expenditure under section 35D and on buy back of equity shares. The Tribunal directed the Ld. CIT(A) to reconsider the section 35D issue based on previous findings. Regarding the buy back of equity shares, the Tribunal upheld Ld. CIT(A)'s decision that the expenditure was a business expenditure and not capital expenditure, following relevant case laws. The judgment provided a detailed analysis of the legal principles and case laws supporting the decisions on both issues.