2011 (3) TMI 151 - HC - Income Tax

Disallowance of Gift - Depreciation - Deduction u/s 80HHD - Held that - the assessee having spent the sum of Rs. 1,54,875 for the purpose of purchasing gifts which have been given to its, customers as a part of offering hospitality on ceremonial occasions, the same must be held to be business expenditure as the same is neither in the nature of private expenses nor is a capital expenditure and at the same time, such expenses does not come any of the exceptions provided in section 37 of the Act - Accordingly decided in the favour of the assessee Regarding depreciation on new aircraft purchased by the assessee to the extent of 50 per cent - it has been established that the said aircraft was purchased for the business in the latter half of the assessment year and thus, the assessee became the owner and it was actually delivered to the assessee and landed at the New Delhi Airport Authority and the same was also made ready for use by insuring the same by the concerned insurance company - In such a case, the authority below rightly granted depreciation at the rate of 50 per cent for the part use of the said aircraft in accordance with law - Decided in favor of the assessee Deduction u/s 80HHD - total turnover versus gross receipt - for computation of the relief under section 80HHD, the total turnover alone is inconsequential but the Assessing Officer has relied upon it - Held that for computation of the relief under section 80HHD, the total turnover alone is inconsequential - for computation of gross total receipt in business, the opening Sundry Debtor should be added to the total turnover and from that the closing Sundry Debtor should be deducted in order to arrive at the correct figure - AO wrongly considered the total turnover of Rs. 395,62,34,559 instead of gross receipt in business amounting to Rs. 390,93,27,318 certified by the Auditor and accordingly, the relief allowed under section 80HHD should be enhanced to Rs. 77,62,17,303 instead of Rs. 77,53,58,47 - Decided in the favour of the assessee

Summary

Issues Involved:
1. Deletion of disallowance on account of gifts under Rule 6B of the Income-tax Rules and section 37(2) of the Income-tax Act, 1961.
2. Depreciation of new aircraft under section 32 of the Income-tax Act, 1961.
3. Re-computation of deduction under section 80HHD of the Income-tax Act, 1961.

Issue-wise Detailed Analysis:

1. Deletion of Disallowance on Account of Gifts:
The first issue pertains to whether the Tribunal erred in confirming the deletion of disallowance of Rs. 1,54,875 on account of gifts. The tax audit report stated that the amount is disallowable under Rule 6B and section 37(2) of the Income-tax Act, 1961. The assessee, engaged in the hotel business, claimed this amount as a deduction, arguing that the gifts were customary and did not contain the name or logo of the company, thus not qualifying as advertisement expenditure. The CIT(A) and the Tribunal upheld this claim, treating it as business expenditure under section 37. The court found that since the assessee's business involves offering hospitality, such expenses should be considered business expenditure and not personal or capital expenses. The court emphasized that the expenditure did not fall under the exceptions in section 37(2) and Rule 6B, thus confirming the deduction.

2. Depreciation of New Aircraft:
The second issue concerns whether the Tribunal erred in allowing depreciation of Rs. 3,04,89,602 on a new aircraft under section 32 of the Income-tax Act, 1961. The assessee claimed depreciation on an aircraft acquired during the assessment year. The Assessing Officer disallowed the claim due to a lack of evidence of the aircraft being put to use. The CIT(A) and the Tribunal accepted the assessee's contention, supported by documents showing the aircraft's delivery and insurance. The court held that the phrase "used for the purpose of business" includes being "ready for use," and actual use is not necessary. The aircraft was ready for business use, thus justifying the depreciation claim.

3. Re-computation of Deduction under Section 80HHD:
The third issue involves the re-computation of deduction under section 80HHD, where the Tribunal recomputed the deduction at Rs. 77,62,17,303, excluding "receivables." The court referred to section 80HHD(3), which requires considering the proportion of receipts specified in sub-section (2) reduced by payments referred to in sub-section (2A). The court found that the Assessing Officer incorrectly relied on total turnover instead of gross receipts. The correct computation should include opening Sundry Debtors and exclude closing Sundry Debtors. The Auditor certified the correct figure, and the Tribunal's computation was upheld, enhancing the deduction to Rs. 77,62,17,303.

Conclusion:
The court dismissed the appeal, affirming the Tribunal's decisions on all three issues. The expenses on gifts were deemed business expenditure, the depreciation on the aircraft was justified, and the re-computation of deduction under section 80HHD was correctly done. No costs were ordered.