2012 (6) TMI 130 - AT - Income Tax

Expenditure related to exempted income / dividend - held that - - It is true that the power of the ld CIT(A) to set aside any matter was curtailed by making amendment to section 251(1)(a) w..e.f. 1.6.2001 - CIT(A) without referring the working given by the assessee set aside to the file of the Assessing Officer - Appeals are allowed by way of remand to the file of CIT(A) for passing a speaking order Regarding capital or revenue expenditure - It was contended by the Ld AR for the assessee that as such this amount was incurred towards annual subscription s and not towards outright purchase of software - The contention of the assessee should be adjudicated and if so required remand report may be obtained from the Assessing Officer before passing a fresh order - Appeals are allowed for statistical purpose

Summary

Issues:
- Disallowance under section 14A and related grounds in assessment years 2001-02, 2006-07, and 2007-08.

Assessment Year 2001-02:
The assessee disputed the applicability of section 14A and the consequential disallowance, arguing that no nexus was established for making any disallowance. The CIT(A) directed the Assessing Officer to verify and potentially restrict the disallowance, which the revenue contested, citing curtailed powers of the CIT(A) and non-compliance with Board circulars. The Tribunal remitted the matter back to the CIT(A) for a fresh order, considering the earlier decision and submissions made.

Assessment Year 2006-07:
Similar to the previous year, the dispute centered around disallowance under section 14A. The Tribunal set aside the CIT(A) order and remitted the matter for a fresh decision, including a further ground related to revenue expenditure claimed by the assessee for annual subscriptions.

Assessment Year 2007-08:
The only contention in this year was the disallowance under section 14A, mirroring the issues in 2001-02. The Tribunal set aside the CIT(A) order and remitted the matter for a fresh decision, aligning with the directions given for the 2001-02 assessment. All appeals by the assessee and revenue were allowed for statistical purposes.

In summary, the judgments primarily revolved around the disallowance under section 14A for the respective assessment years. The Tribunal remitted the matters back to the CIT(A) for fresh decisions, considering legal provisions, earlier decisions, and submissions made by the parties. The appeals were allowed for statistical purposes, emphasizing the need for compliance with legal procedures and directives in tax assessments.