2013 (10) TMI 1455 - AT - Income Tax

Summary

Issues involved:
1. Disallowance of write-off of obsolete and slow-moving inventory.
2. Disallowance of provision for site expenses.
3. Disallowance of security deposits adjusted and/or becoming irrecoverable.
4. Disallowance of write-off of irrecoverable advances.
5. Disallowance of sundry advances written off.
6. Disallowance of bank guarantee expenses.
7. Disallowance of write-off of bad debts.
8. Disallowance u/s 40(a)(i) on account of payment made to a non-resident without deducting tax at source.

Summary:

1. Disallowance of write-off of obsolete and slow-moving inventory:
The assessee's claim of Rs. 68,31,255/- for slow-moving inventory was disallowed by the AO and upheld by the CIT(A) as the assessee couldn't substantiate the market value of the inventory. The Tribunal restored the issue to the AO for fresh adjudication, directing the assessee to provide evidence regarding the valuation and treatment of such inventory.

2. Disallowance of provision for site expenses:
The AO disallowed Rs. 12,22,279/- claimed by the assessee for site expenses due to lack of details. The CIT(A) upheld the disallowance, and the Tribunal found no merit in the assessee's arguments, dismissing this ground.

3. Disallowance of security deposits adjusted and/or becoming irrecoverable:
The AO disallowed Rs. 24,00,000/- claimed as bad debts due to lack of details. The CIT(A) upheld the disallowance. The Tribunal restored the matter to the AO, directing the assessee to provide full details to substantiate the claim.

4. Disallowance of write-off of irrecoverable advances:
The AO disallowed Rs. 2,45,21,333/- as the conditions u/s 36(1)(vii) were not met. The CIT(A) upheld the disallowance. The Tribunal partly allowed the claim, permitting Rs. 41,75,312/- as business loss and treating the balance as capital advance or gratuitous payment.

5. Disallowance of sundry advances written off:
The assessee did not press this ground for smallness of the amount (Rs. 1,46,560/-), and it was dismissed as 'Not pressed'.

6. Disallowance of bank guarantee expenses:
The AO disallowed Rs. 50,93,888/- claimed as bad debts. The CIT(A) deleted the addition, treating it as an allowable business expenditure u/s 37 r.w.s. 43B. The Tribunal upheld the CIT(A)'s order.

7. Disallowance of write-off of bad debts:
The AO disallowed Rs. 4,28,77,778/- as bad debts. The CIT(A) deleted the addition, noting the conditions u/s 36(1)(vii) r.w.s. 36(2) were met. The Tribunal upheld the CIT(A)'s order, citing the Supreme Court's decision in TRF Ltd.

8. Disallowance u/s 40(a)(i) on account of payment made to a non-resident without deducting tax at source:
The AO disallowed Rs. 1,69,32,093/- for non-deduction of TDS. The CIT(A) deleted the addition, noting the payment was not chargeable to tax in India. The Tribunal upheld the CIT(A)'s order, referencing CBDT Circular No.23 and Circular No.786.

Conclusion:
The appeals were partly allowed for statistical purposes, and some issues were restored to the AO for fresh adjudication. The Tribunal upheld the CIT(A)'s decisions on several grounds, dismissing the Revenue's appeals.