2012 (3) TMI 29 - AT - Income Tax

Expenditure in respect of Exempt Income - AO made additions upto Rs 43,93,130 on account of administrative expense - Held That - Tribunal in assessee own case in preceding years has restricted the disallowances to Rs 1,00,000 therefore on identical footing we restrict the disallowance under section 14A of the Act to Rs 1,00,000. Book Profit under 115JB - Adjustments of provision un-ascertained leave encashments - Held That -Leave encashment does not fall in the category of an unascertained liability and, therefore, the Commissioner of Income-tax (Appeals) made no mistake in deciding the issue in favour of the assessee

Summary

Issues:
1. Disallowance of administrative expenses for earning exempt income under section 14A of the Income-tax Act.
2. Characterization of payment for technical knowhow as revenue in nature.
3. Adjustment to book profit under section 115JB for provision of leave encashment.

Issue 1: Disallowance of Administrative Expenses under Section 14A:
The Revenue disputed the deletion of an addition of Rs 43,93,130 made by the Assessing Officer under section 14A of the Income-tax Act. The Commissioner of Income-tax (Appeals) had restricted this disallowance to Rs 1,00,000. The Tribunal noted that the issue had been previously considered in the assessee's case for earlier assessment years. The Tribunal affirmed the Commissioner's decision to restrict the disallowance to Rs 1,00,000, based on the precedent set in previous years. Therefore, the Tribunal dismissed Ground No. 1 raised by the Revenue.

Issue 2: Characterization of Payment for Technical Knowhow:
The Revenue challenged the characterization of a payment of Rs 40,20,546 for technical knowhow as revenue in nature. The Tribunal found that this issue had been previously addressed in the assessee's case for earlier years, and the Commissioner of Income-tax (Appeals) decision was upheld by the Tribunal. Following the precedent, the Tribunal dismissed Ground No. 2 raised by the Revenue.

Issue 3: Adjustment to Book Profit for Provision of Leave Encashment under Section 115JB:
The Revenue contested an adjustment made by the Assessing Officer for ascertaining the book profit under section 115JB of the Act, specifically regarding a provision for leave encashment. The Commissioner of Income-tax (Appeals) disagreed with the Assessing Officer's adjustment, citing similar decisions in the assessee's previous cases. The Tribunal reviewed the precedent set in the assessee's case for assessment years 2004-05 and 2005-06 and found that the provision for leave encashment did not qualify as an unascertained liability. Therefore, the Tribunal affirmed the Commissioner's decision, leading to the dismissal of Ground No. 3 raised by the Revenue.

In conclusion, the Tribunal dismissed all grounds raised by the Revenue in the appeal, affirming the decisions of the Commissioner of Income-tax (Appeals) based on precedent and legal interpretations.