2012 (10) TMI 388 - AT - Income Tax

Research and Development Expense - Assessee contended that the expenditure incurred by the assessee for purchase of imported products of unique nature was for investigation and research in nature and hence allowable as Revenue expenditure. Held that - AO disallowed the deduction of the rgound that importing of pumps and motors for research and development are not connected to assessee s business and are not for any innovative purpose therefore, the assessee is not eligible for deduction u/s 37 of the Act. The assessee has not filed any evidence to substantiate his case neither before the Assessing Officer nor before the ld. Commissioner of Income-tax(Appeals) or even before the Tribunal - Order passed by CIT(A) set aside and matter remanded back to AO for fresh decision.

Summary

Issues:
1. Allowability of research and development expenditure claimed by the assessee.
2. Deduction of expenditure under section 37 of the Income-tax Act, 1961.

Analysis:

Issue 1: Allowability of research and development expenditure claimed by the assessee
The assessee claimed Research and Development expenditure of Rs. 32,34,015, stating that imported products were analyzed to improve components in manufactured products. The Assessing Officer disallowed the claim, stating that breaking down imported devices for analysis did not constitute research and development. The AO held that the activities did not involve innovation or improvement in products and processes, essential for research and development. The AO concluded that the expenditure was not wholly and exclusively for business purposes, hence not eligible for deduction under section 37 of the Act. The Commissioner of Income-tax(Appeals) disagreed, stating the expenditure had a nexus with the business and directed the AO to allow the claim, emphasizing that the expenditure was not capital in nature and benefited the business by improving product quality and design. The Tribunal set aside the Commissioner's order, noting insufficient details on the purchases of pumps and motors, directing the AO to re-examine the issue with complete information.

Issue 2: Deduction of expenditure under section 37 of the Income-tax Act, 1961
The Tribunal focused on whether the expenditure incurred by the assessee qualified for deduction under section 37 of the Income-tax Act, 1961. The assessee argued that the expenses on research and development were solely for business purposes. However, the Tribunal found that the Commissioner of Income-tax(Appeals) had not adequately examined the details regarding the purchases of pumps and motors, including their capacity and quantity. As a result, the Tribunal set aside the Commissioner's decision and remitted the matter back to the Assessing Officer for a thorough examination of all relevant details. The Tribunal emphasized the need for the assessee to provide complete information on the purchases of pumps and motors for a proper determination of the deduction under section 37 of the Act.

In conclusion, the Tribunal allowed the appeal filed by the Revenue for statistical purposes, highlighting the importance of detailed examination and documentation to support claims for deductions under the Income-tax Act.