2012 (3) TMI 116 - AT - Income Tax

Tea Development Account - Deposits under NABARD - Amount withdrawn and Fixed Assets purchased - AO denied depreciation - CIT(A) allowed claim on Goodrick Group Limited - Held That - There is no restriction on account of allowability of depreciation on the assets purchased out of withdrawal from NABARD. Disallowance of Cess on green leaves the cess was paid only for agricultural operation and agricultural income - Held That - in view of AFT Industries (2004 - TMI - 10894 - CALCUTTA High Court), deduction allowed. Disallowance in respect of exempt income - Dividend income credited - CIT(A) reduced the additions from Rs 22,404 to Rs 5,000 - Held That - Rule 8D is applicable for and from assessment year 2008-09 and prior to that the Assessing Officer can make estimate in the given facts and circumstances. Hence, we restrict the disallowance to 1% of dividend income and direct the Assessing Officer to calculate the expenditure on that basis. Reliance placed on Godrej Boycee Boycee Mfg. Co. Ltd (2010 -TMI - 78448 - BOMBAY HIGH COURT)

Issues Involved:
1. Disallowance of depreciation under Section 33AB(6).
2. Disallowance of cess on green leaves.
3. Disallowance under Section 14A for dividend expenses.

Issue-wise Detailed Analysis:

1. Disallowance of Depreciation under Section 33AB(6):
The Revenue challenged the deletion of a disallowance of Rs.1,27,044/- made under Section 33AB(6), arguing that depreciation should be considered as expenditure, referencing the decision of the Hon'ble Calcutta High Court in the case of Indian Jute Mills Association. The assessee had acquired fixed assets using withdrawals from the NABARD account and claimed depreciation on these assets. The Assessing Officer disallowed the claim, arguing that allowing depreciation would result in a double benefit to the assessee, which contradicts the principles of taxation. However, the CIT(A) allowed the claim, referencing a previous ITAT decision in the case of CIT vs. Goodrick Group Limited, which stated that there is no restriction on the allowance of depreciation on assets purchased using withdrawals from NABARD. The ITAT upheld this view, finding no reason to interfere with the CIT(A)'s decision, thus dismissing the Revenue's ground.

2. Disallowance of Cess on Green Leaves:
The Revenue contested the deletion of a disallowance of Rs.18,58,537/- for the assessment year 2002-03, arguing that the cess was paid for agricultural operations, and hence, should not be deductible under the Central Income Tax Act. The Assessing Officer had disallowed the deduction, citing the decision of the Hon'ble Guwahati High Court in the Jorehaut Group of Cases. However, the CIT(A) deleted the disallowance, relying on the judgment of the Hon'ble Kolkata High Court in the case of CIT vs. AFT Industries Ltd., which held that cess paid under the Agricultural Income Tax Act is eligible for deduction when computing income from tea grown and manufactured. The ITAT upheld the CIT(A)'s decision, following the precedent set by the Kolkata High Court, and dismissed the Revenue's ground.

3. Disallowance under Section 14A for Dividend Expenses:
For the assessment year 2002-03, the Revenue challenged the reduction of a disallowance from Rs.22,404/- to Rs.5,000/- under Section 14A, arguing for the retrospective application of Rule 8D as held by the ITAT, Mumbai Bench in the case of Daga Capital Management Ltd. The CIT(A) had deemed the Assessing Officer's disallowance excessive and reduced it. The ITAT noted that Rule 8D is not applicable for the assessment year 2002-03, referencing the decision of the Hon'ble Bombay High Court in the case of Godrej Boycee Mfg. Co. Ltd. It was established that, prior to the applicability of Rule 8D, disallowance should be reasonable and often restricted to 1% of the dividend income. Since the assessee had already disallowed an amount exceeding 1% of the dividend income, the ITAT found no reason to interfere with the CIT(A)'s decision and dismissed the Revenue's ground.

Separate Judgment for Assessment Year 2005-06:
The issues for the assessment year 2005-06 mirrored those for 2002-03. The Revenue's grounds regarding the disallowance of cess on green leaves (Rs.15,95,393/-) and the disallowance under Section 14A (reduced from Rs.2,17,379/- to Rs.20,000/-) were similarly dismissed by the ITAT, following the same rationale and precedents as applied in the 2002-03 judgment.

Conclusion:
Both appeals filed by the Revenue, ITA No. 929/Kol./2009 for the assessment year 2002-03 and ITA No. 931/Kol./2009 for the assessment year 2005-06, were dismissed by the ITAT, upholding the decisions of the CIT(A) on all contested issues.

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