2010 (1) TMI 875 - AT - Income Tax

Valuation of asset CIT(A) adopted the value of assets at Rs.89,10,245 as against of Rs.22,45,000 taken by the AO and consequently relief of deprecation of Rs.16,66,311 by ignoring the facts that the working of the cost of the assets done by the Addl. CIT was determined under s. 43(1)/144A of the IT Act Held that - cost shown to have been incurred by the assessee is inflated and fictitious cost which has no reality. The assessee has not produced any material on record to show that the cost paid by him was genuine cost and the cost in reality, order of the CIT(A) set aside in this regard and restore that of AO. Accordingly this issue is decided in favour of the Revenue. Maintenance and supervision of hired assets - Business expenditure - AO stated that the payees of the supervision charges could not have done the work - cost of those assets and the related maintenance and supervision charges thereon will have to be considered in a cohesive manner, matter remanded to AO. Redemption of IDBI bonds taxed under the head Income from other sources - income of Rs.1,28,532 will have to be taxed under the head Income from other sources and not under the head Capital gains , as claimed by the appellant - Held that - AO should have an opportunity to give his finding in this regard, Matter remanded to AO.

Summary

Issues Involved:
1. Determination of the value of assets and corresponding depreciation.
2. Allowance of business expenditure on maintenance and supervision of hired assets.
3. Classification of interest income from IDBI bonds.

Issue-Wise Detailed Analysis:

1. Determination of the Value of Assets and Corresponding Depreciation:
The Revenue challenged the CIT(A)'s decision to adopt the value of assets at Rs. 89,10,245 for the assessment year (AY) 2001-02 and Rs. 66,82,684 for AY 2002-03, as opposed to Rs. 22,45,000 and Rs. 16,83,750 determined by the Assessing Officer (AO). The AO had invoked Explanation 3 to Section 43(1) of the Income Tax Act, suspecting that the assets were transferred to reduce tax liability by claiming higher depreciation. The CIT(A) directed the AO to adopt the actual cost incurred by the assessee instead of the fair market value. However, the Tribunal found that the AO had correctly invoked Explanation 3 and determined the actual cost based on the depreciated value of the assets. The Tribunal noted that the cost shown by the assessee was exorbitant and unsupported by sufficient evidence. Thus, the Tribunal upheld the AO's valuation of Rs. 20 lakhs for the assets and restored the AO's order, setting aside the CIT(A)'s decision.

2. Allowance of Business Expenditure on Maintenance and Supervision of Hired Assets:
For AY 2001-02, the AO disallowed Rs. 15 lakhs claimed by the assessee for maintenance and supervision charges paid to M/s Meerut Agro Chemicals Ltd., citing lack of evidence and expertise of the payee. Similarly, for AY 2002-03, the AO disallowed Rs. 20 lakhs paid to M/s Shivaya Laminations (P) Ltd., questioning the genuineness of the agreement and the capability of the payee to perform the supervision work. The CIT(A) allowed these expenditures, stating that the AO's disallowance was based on presumptions without concrete evidence. However, the Tribunal noted that the CIT(A) failed to examine whether the actual work was done and whether the cost was justified. The Tribunal remitted the issue back to the AO for fresh examination, emphasizing the need to consider the cost of assets and related maintenance charges cohesively.

3. Classification of Interest Income from IDBI Bonds:
The AO added Rs. 9,07,100 as interest income from IDBI bonds under the head "Income from other sources," which the assessee had not declared. The CIT(A) referred to CBDT Circular No. 2 of 2002 and concluded that only Rs. 1,28,532 should be taxed as interest income, not Rs. 9,07,100. The Tribunal agreed that the CBDT circular clarified the issue but noted that the AO should have the opportunity to verify the facts and figures. Hence, the Tribunal remitted the issue back to the AO for fresh consideration in accordance with the circular.

Conclusion:
The Tribunal allowed the Revenue's appeals for statistical purposes, remitting the issues related to business expenditure and interest income back to the AO for fresh examination while upholding the AO's determination of the asset value and corresponding depreciation.