2012 (9) TMI 1120 - AT - Income Tax

Issues Involved:
1. Addition of MODVAT credit to closing stock u/s 145A.
2. Disallowance of warranty provision.
3. Exclusion of 90% of scrap sales from profit for deduction u/s 80HHC.
4. Inclusion of Sales Tax and Excise Duty in total turnover for deduction u/s 80HHC.
5. Disallowance of depreciation on motor car.
6. Disallowance of club membership payments.
7. Prepayment of deferment of sales tax loan.
8. Reduction of 90% of gross commission from business income u/s 80HHC.
9. Reduction of 90% of compensation received on termination of agency from business income.
10. Reduction of 90% of gross interest from business income.
11. Levy of interests u/s 234A, 234B, 234C & 234D.

Summary:

1. Addition of MODVAT credit to closing stock u/s 145A:
The AO added Rs. 67,27,141 to the closing stock valuation as per section 145A, which was deleted by CIT(A). ITAT upheld the AO's application of the inclusive method but remanded the issue back to the AO for recomputation as per ICAI guidelines. The ground was allowed for statistical purposes.

2. Disallowance of warranty provision:
The AO disallowed Rs. 43,97,184 as a contingent liability, which was deleted by CIT(A) based on precedents. ITAT upheld CIT(A)'s decision, recognizing warranty provision as an ascertainable liability. The ground was rejected.

3. Exclusion of 90% of scrap sales from profit for deduction u/s 80HHC:
The AO excluded Rs. 26,74,969 from total turnover, which CIT(A) included based on precedents. ITAT remanded the issue back to the AO due to conflicting precedents in the assessee's own case. The ground was allowed for statistical purposes.

4. Inclusion of Sales Tax and Excise Duty in total turnover for deduction u/s 80HHC:
The AO included Rs. 5,11,38,743 in total turnover, which CIT(A) excluded based on relevant decisions. ITAT upheld CIT(A)'s decision, following the Supreme Court's ruling in Catapharma (India) P. Ltd. The ground was rejected.

5. Disallowance of depreciation on motor car:
The AO restricted depreciation to 20%, which was upheld by CIT(A). ITAT reversed CIT(A)'s decision, allowing 40% depreciation based on consistency in previous years. The ground was allowed.

6. Disallowance of club membership payments:
The AO disallowed Rs. 2,17,007 as personal expenses, which was upheld by CIT(A). ITAT reversed CIT(A)'s decision, recognizing the expenses as legitimate business expenses. The ground was allowed.

7. Prepayment of deferment of sales tax loan:
The AO's decision was reversed by CIT(A) based on precedents. ITAT upheld CIT(A)'s decision, recognizing the amount as a capital reserve. The ground was allowed.

8. Reduction of 90% of gross commission from business income u/s 80HHC:
The AO excluded the commission, which was upheld by CIT(A). ITAT remanded the issue back to the AO to examine the nexus between commission income and direct expenses. The ground was allowed for statistical purposes.

9. Reduction of 90% of compensation received on termination of agency from business income:
The AO excluded the compensation, which was upheld by CIT(A). ITAT remanded the issue back to the AO for fresh consideration. The ground was allowed for statistical purposes.

10. Reduction of 90% of gross interest from business income:
The issue was not adjudicated by CIT(A). ITAT remanded the issue back to CIT(A) for adjudication. The ground was allowed for statistical purposes.

11. Levy of interests u/s 234A, 234B, 234C & 234D:
The CIT(A) directed the AO to charge interest as per law after verification. ITAT endorsed CIT(A)'s direction. The ground was allowed.

Conclusion:
Both the appeals filed by the revenue and the assessee were partly allowed. Order pronounced in the open court on 7th September, 2012.

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