2012 (10) TMI 54 - AT - Income Tax

Membership fees to National Multi Commodity Exchange of India - revenue or capital expenditure - assessee engaged in trading of grains and commission agents - Held that - Membership fees of National Commodity Exchange of India cannot be considered to be of enduring nature and therefore the action of the A.O. in disallowing the amount holding it to be of capital nature was uncalled for - Decided in favor of assessee Addition to the extent of 10% of vehicle, telephone, insurance and depreciation on account of personal usage of the vehicle - capitalization of interest paid on loan taken for purchase of vehicle, before the use of vehicle - Held that - Since the assessee has not been able to controvert the finding of the A.O. nor placed any material either before lower authorities or before us, addition made is upheld - Decided against assessee

Summary

Issues involved:
1. Disallowance of admission fees as capital expenditure.
2. Disallowance of interest on new vehicle purchase.
3. Disallowance of expenses on vehicles, telephone, insurance, and depreciation.

Issue 1: Disallowance of admission fees as capital expenditure:
The assessee appealed against the addition of Rs.1,00,000 as capital expenditure for admission fees paid to the National Multi Commodity Exchange of India. The AO considered it capital in nature due to enduring benefit. The CIT (A) upheld the addition as the assessee failed to substantiate the nature of the expense. The ITAT held that since the expense was for business purposes and not of enduring nature, following a decision of the Madras High Court, the addition was unjustified. Thus, the ITAT directed the AO to delete the addition, allowing this ground of appeal.

Issue 2: Disallowance of interest on new vehicle purchase:
The AO disallowed Rs.35,705 as the interest paid on a new vehicle purchase before its use, considering it should have been capitalized to the vehicle's initial cost. The CIT (A) upheld this decision as the assessee did not provide any details to counter the AO's findings. The ITAT noted the absence of submissions from the assessee and upheld the CIT (A)'s decision, dismissing this ground of appeal.

Issue 3: Disallowance of expenses on vehicles, telephone, insurance, and depreciation:
The AO disallowed 10% of expenses on vehicles, telephone, insurance, and depreciation, amounting to Rs.1,00,788, due to personal usage concerns. The CIT (A) reduced the disallowance to 10% from the original 20% proposed by the AO. The ITAT found no submissions from the assessee to challenge the AO's findings and agreed with the CIT (A)'s decision. Consequently, this ground of appeal was dismissed.

In conclusion, the ITAT partially allowed the assessee's appeal, directing the deletion of the addition for admission fees but upholding the disallowances related to interest on new vehicle purchase and expenses on vehicles, telephone, insurance, and depreciation.