2011 (7) TMI 1278 - AT - Income Tax

Summary

Issues involved:
1. Notional interest on advances made to M/s. Haldia Petro Chemical Limited.
2. Disallowance u/s 40A(9) on account of expenditure incurred towards employees recreation club.
3. Claim of deduction u/s 80IC of the Act.

Issue 1: Notional interest on advances made to M/s. Haldia Petro Chemical Limited
- The appeal was filed by the assessee against the order of the CIT(A)-IV, Kolkata for A.Yr. 2005-06.
- The Tribunal set aside the issue to the file of the AO for fresh consideration based on peculiar facts.
- Ground no.1 of the assessee was allowed for statistical purposes.

Issue 2: Disallowance u/s 40A(9) on account of expenditure incurred towards employees recreation club
- The Tribunal decided in favor of the assessee based on precedents and case laws cited.
- The expenditure on account of employees recreation club was treated as business expenditure.
- Ground No.2 of the assessee was allowed.

Issue 3: Claim of deduction u/s 80IC of the Act
- The assessee claimed deduction u/s 80IC during assessment proceedings, which was rejected by the AO and CIT(A).
- The Tribunal observed that the CIT(A) was not justified in rejecting the claim and set aside the orders for fresh consideration by the AO.
- Ground no.3 of the assessee was allowed for statistical purposes.

Conclusion:
The appeal of the assessee was allowed in part for statistical purposes, with each issue being decided in favor of the assessee based on legal interpretations and precedents cited during the proceedings.