2012 (5) TMI 417 - AT - Income Tax

Disallowance of printing and Stationery expenses of Rs. 1, 00, 000 - It is settled that a businessman is the best judge to take care of its own interest and to take decisions and the AO is not supposed to intervene therein nor he can replace the assessee - it is submitted that the appellant has maintained complete books of account consisting of cash book ledger and journal. All the purchases and sales are fully vouched. The accounts are audited under s. 44AB of the Act - Held that assessee has been able to explain the nature of expenses and also explained as to why some expenses are supported by internal vouchers - Decided in favor of the assessee Regarding interest on interest-free loans at 6 per cent instead of 12 per cent - As the assessee has incurred interest on the bank overdrafts and part of such interest-bearing funds were not utilized for business purposes therefore the assessee was required to explain why interest may not be disallowed to the extent of interest incurred on making interest-free advances - Held that there was. no borrowing made to meet financial requirement and on the contrary these were assessee s own funds which have been utilized even for the subjected advances - The issue stands covered by our order in the case of the assessee for earlier assessment year - Decided in favor of the assessee

Issues Involved:
1. Disallowance of advertising expenses.
2. Disallowance of printing and stationery expenses.
3. Disallowance of Diwali expenses.
4. Disallowance of vehicle expenses and depreciation.
5. Depreciation rate on printers.
6. Treatment of surrender of units of UTI Opportunity Fund.
7. Disallowance of staff welfare expenses.
8. Charging interest on interest-free loans.

Detailed Analysis:

1. Disallowance of Advertising Expenses:
The Revenue contended that the CIT(A) erred in deleting the disallowance of Rs. 45,100 on advertising expenses. The AO disallowed these expenses, arguing they were not for advertisement or business purposes. The CIT(A) deleted the disallowance, noting the competitive nature of the coaching business and the necessity of publicity. The Tribunal upheld the CIT(A)'s decision, stating that the Revenue did not counter the factual position that the institute displayed banners and distributed leaflets at events.

2. Disallowance of Printing and Stationery Expenses:
The AO made an ad hoc disallowance of Rs. 1,00,000 from the total expenses of Rs. 1,36,05,440 on the grounds that some expenses were incurred in cash without supporting bills. The CIT(A) deleted the disallowance, noting the lack of evidence from the AO to prove the expenses were inflated or excessive. The Tribunal agreed with the CIT(A), emphasizing that internal vouchers can be accepted when external vouchers are unavailable.

3. Disallowance of Diwali Expenses:
The AO disallowed Rs. 56,812 out of Rs. 5,68,122 claimed for Diwali expenses, arguing that some expenses were personal. The CIT(A) deleted the disallowance, stating that such expenses are common in business for maintaining good relations. The Tribunal upheld the CIT(A)'s decision, recognizing these expenses as incidental to business.

4. Disallowance of Vehicle Expenses and Depreciation:
The AO disallowed Rs. 1,45,770 out of Rs. 3,16,355 claimed for vehicle expenses, citing personal use. The CIT(A) reduced the disallowance to Rs. 40,000, noting that only two vehicles were used by the proprietor. The Tribunal upheld the CIT(A)'s decision, following the precedent set in the preceding year.

5. Depreciation Rate on Printers:
The AO restricted the depreciation on printers to 15% instead of 60%, arguing that printers are not computers. The CIT(A) allowed depreciation at 60%, considering printers as part of computers. The Tribunal upheld the CIT(A)'s decision, citing relevant case laws supporting higher depreciation for computer peripherals.

6. Treatment of Surrender of Units of UTI Opportunity Fund:
The CIT(A) directed the AO to treat the surrender of units of UTI Opportunity Fund as long-term capital gain. The Tribunal restored the issue to the AO to verify the holding period and determine if the profit qualifies as long-term capital gain.

7. Disallowance of Staff Welfare Expenses:
The AO disallowed Rs. 1,19,655 out of Rs. 5,98,328 claimed for staff welfare expenses, arguing that some expenses were personal. The CIT(A) deleted the disallowance, emphasizing the competitive nature of the coaching business and the necessity of keeping employees in good humor. The Tribunal restricted the disallowance to Rs. 35,000, following the precedent set in the preceding year.

8. Charging Interest on Interest-Free Loans:
The AO disallowed Rs. 9,11,326, charging interest at 12% on interest-free loans given to family and friends. The CIT(A) reduced the disallowance to 6%, following the precedent set in the preceding year. The Tribunal upheld the CIT(A)'s decision, noting that the assessee had sufficient capital and there was no onus to prove that interest-free advances were made from interest-bearing funds.

Conclusion:
The Tribunal upheld the CIT(A)'s decisions on most issues, emphasizing the necessity of expenses for business purposes and the competitive nature of the coaching industry. The Tribunal also followed precedents set in preceding years, ensuring consistency in judgments. The appeal of the Revenue and the cross-objection of the assessee were partly allowed.

← Previous Next →