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2011 (3) TMI 503 - AT - Income TaxProvision for gratuity - The A.O. while computing income u/s 115JB added the amount of Rs. 3,17,087/- on account of the provision for gratuity on the ground that the amounts set aside towards provisions made for meeting the liability other than ascertained liability - Since, the provision has been made on the basis of Actuarial Certificate - Therefore, the provisions made cannot be treated for an unascertained liability - Therefore, the provisions made on accounts of ascertained liability cannot be added under clause (c) of Explanation (1) of Section 115JB(2) of the Act - Decided in favour of assessee.
Issues Involved:
1. Deletion of addition on account of advertisement expenses. 2. Deletion of addition on account of exchange losses. 3. Deletion of addition on account of provision for gratuity. Deletion of Addition on Account of Advertisement Expenses: The appeal by the Revenue for Assessment Year 2003-04 challenged the deletion of addition on account of advertisement expenses by the Ld. CIT(A). The assessee, engaged in distribution and marketing of educational and entertainment programs, had claimed advertising expenses of Rs. 2,37,57,000. The A.O. disallowed a portion of these expenses, contending they were incurred to generate income from advertisement sales commission. However, the assessee argued that the expenses were necessary to publicize and increase channel reach for earning subscription revenue. The ITAT upheld the deletion of the addition by Ld. CIT(A) based on the business interest of the assessee to promote channels, leading to higher income from subscriptions. The ITAT emphasized that the expenses were incurred wholly and exclusively for business purposes, dismissing the revenue's appeal. Deletion of Addition on Account of Exchange Losses: In the same assessment year, the A.O. disallowed Rs. 56,090 on account of foreign exchange loss, citing lack of details. However, the Ld. CIT(A) deleted this addition, noting that the loss arose from surrender of unutilized foreign currency for employee travel. The ITAT, based on the revenue's own case for the previous year, upheld the deletion, stating that the loss was on a revenue account and had actually been incurred. The ITAT declined to interfere, affirming the Ld. CIT(A)'s decision in favor of the assessee. Deletion of Addition on Account of Provision for Gratuity: Regarding the provision for gratuity, the A.O. added Rs. 3,17,087 while computing income under section 115JB, considering it a provision for an unascertained liability. However, the Ld. CIT(A) disagreed, relying on a Bombay High Court decision, stating that if a business liability has arisen in the accounting year, it should be allowed as a deduction. The provision for gratuity, based on an Actuarial Certificate, was deemed an ascertained liability and not subject to addition under section 115JB. The ITAT concurred, emphasizing that the provision was made on the basis of an Actuarial Certificate, signifying an ascertained liability. The ITAT dismissed the revenue's appeal, upholding the Ld. CIT(A)'s decision. In conclusion, the ITAT dismissed the Revenue's appeal, affirming the Ld. CIT(A)'s decisions to delete the additions on account of advertisement expenses, exchange losses, and provision for gratuity for the Assessment Year 2003-04.
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