2016 (7) TMI 1250 - HC - Income Tax

Disallowance of Prior Period expenditure - ITAT deleted addition - Held that - Firstly the expenditure of 67.88lacs is a fraction of the total income of the assessee company declared at 105.88 crores. Further even the Revenue does not dispute that the company would be taxed at the same rate in the present assessment year or during earlier year. It is also not disputed that prior period income was declared by the assessee during the current year which is also accepted by the Revenue. No question of law therefore arises. Interest charged under section 234B 234C and 234D - Held that - Interest which would apply once the assessee s tax liability is ascertained. The Tribunal has merely made such interest consequential. No question of law arises.

Summary

Issues:
1. Disallowance of Prior Period expenditure
2. Deletion of interest charged under sections 234B, 234C, and 234D

Analysis:
Issue 1: Disallowance of Prior Period expenditure
The primary issue in this case was the disallowance of a sum of &8377; 67.88 lacs as prior period expenditure by the Assessing Officer and CIT(Appeals). The Tribunal reversed the decision of the Revenue authorities based on two main grounds. Firstly, it noted that as the assessee company was charged uniformly for all years, the timing of recognizing the expenditure would not impact its revenue implications. Secondly, the Tribunal highlighted that since the Revenue had recognized prior period income, it would be unfair not to recognize the corresponding expenditure. The Court, after considering the arguments and documents, found no reason to interfere with the Tribunal's decision. It noted that the disputed expenditure was a small fraction of the total income declared by the assessee and that both the company's tax rate and the prior period income recognition were undisputed. Therefore, the Court concluded that no question of law arose in this regard.

Issue 2: Deletion of interest under sections 234B, 234C, and 234D
The second issue raised in the appeal pertained to the deletion of interest charged under sections 234B, 234C, and 234D of the Income Tax Act. The Tribunal had ruled in favor of the assessee, considering the interest as consequential once the tax liability was determined. The Court concurred with the Tribunal's reasoning, stating that the interest would apply post the ascertainment of the assessee's tax liability. Consequently, the Court found no legal question arising from this issue. Ultimately, the Court dismissed the tax appeal in its entirety based on the above analysis and conclusions.

In summary, the High Court upheld the Tribunal's decision regarding the disallowance of prior period expenditure and the deletion of interest charged under sections 234B, 234C, and 234D. The Court found no legal grounds to interfere with the Tribunal's findings, emphasizing the proportionality of the disputed expenditure to the total income and the consequential nature of the interest charged.