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2012 (10) TMI 466 - AT - Income TaxTDS u/s 194C of the IT Act - contract of work versus contract of sale - assessee has entered into a contract of manufacturing agreement with M/s Nicholas Piramal to manufacture certain products - M/s Nicholas Piramal was required to perform quality control testing of products - assessee reimbursed the validation charges to M/s Nicholas Piramal without deducting tax at source Held that - It is not clear as to the party which has to bear the expenses relating to the said quality control tests - in view of the statements of the assessee that there are certain documents to establish liability of the assessee to reimburse the expenditure to M/s Nicholas Piramal and in the interest of justice matter remanded back to the AO Depreciation on machinery - whether it is used for the purpose of assessee s business or profession - assessee has entered into contract for manufacture of certain ophthalmic solutions and for the said purpose the machinery was purchased and installed in the premises of M/s Nicholas Piramal during the relevant financial years Held that - Manufacturing is done as per specification of the assessee and the goods are also recognized as manufactured by the assessee, since they are sold in the brand name of the assessee - it can be said that the goods are manufactured by the assessee itself. When the machine is being used for the manufacture of goods for the assessee, it cannot be said that they are not used for the purpose of business or profession of the assessee - assessee is entitled to depreciation on this machinery Denial of depreciation on plant & machinery Held that - Machinery though, was purchased in the year 1995-96, but was put to use in FYs 1997-98 & 1998-99 - machines were written off in the books of assessee as obsolete in the FY 1998-99, but was added in the computation of income filed along with its tax return for the assessment years 1999-2000 - assessee ought to have reduced the written down value of the said machinery from the block of assets and ought to have claimed depreciation on the balance of the block of assets denial of depreciation upheld
Issues Involved:
1. Validity of the order of the DCIT or AO. 2. Disallowance of validation charges paid to Nicholas Piramal India Ltd. 3. Disallowance of testing charges paid to European Testing Centre (ETC) Ireland. 4. Denial of depreciation on plant and machinery acquired during the financial year 1997-98. 5. Erroneous levy of interest under section 234B of the IT Act. 6. Erroneous levy of interest under section 234C of the IT Act. 7. Initiation of penalty proceedings. Detailed Analysis: Issue 1: Validity of the Order of the DCIT or AO - The CIT(A) did not hold that the order of the DCIT or AO was bad in law and on facts. This ground was general in nature and required no adjudication. Issue 2: Disallowance of Validation Charges Paid to Nicholas Piramal India Ltd. - The CIT(A) relied on his order pertaining to AY 2005-06, holding that validation charges paid to Nicholas Piramal were disallowable under section 40(a)(ia) of the IT Act. - The CIT(A) misunderstood the transaction as a provision of services and failed to appreciate that the testing activity was prior to the sale of products and directly linked to such sale. - The transaction was not in the nature of a works contract, and therefore, not liable for tax deduction at source under section 194C of the Act. - The CIT(A) did not take cognizance of CBDT circulars indicating that provisions of section 194C of the Act do not apply to contracts for the sale of goods. - The Tribunal remitted the issue back to the AO for reconsideration in light of the observations made, directing the assessee to produce relevant material to establish the liability to reimburse the expenditure to Nicholas Piramal. Issue 3: Disallowance of Testing Charges Paid to European Testing Centre (ETC) Ireland - The CIT(A) relied on his order for AY 2005-06, holding that testing charges paid to ETC were disallowable under section 40(a)(ia) of the IT Act. - The CIT(A) held that the testing charges were in the nature of fees for technical services under section 9(1)(vii) of the Act and that the product testing charges fell within the scope of tax deduction under section 195 of the Act. - The CIT(A) relied on the decision in the case of Samsung Electronics Co. Ltd., holding that a certificate for non-deduction of tax was mandatory. - The Tribunal found that the payments were reimbursement of costs and devoid of any element of income, thus not requiring tax deduction at source. The Tribunal remitted the issue to the AO to verify the tax liability of the assessee in light of the challans filed and allow the deduction under section 40(a)(ia) of the IT Act in the years of payment. Issue 4: Denial of Depreciation on Plant and Machinery Acquired During the Financial Year 1997-98 - The CIT(A) relied on his order for AY 2005-06 and did not allow depreciation on machinery owned by the appellant because it had written off the value of assets in its books of account. - The CIT(A) held that writing off the assets amounted to discarding the machinery and relied on various decisions to support this view. - The Tribunal found that the machinery was used for the purpose of the assessee's business and that the assessee was entitled to depreciation. However, the Tribunal upheld the CIT(A)'s decision that the machinery, having been written off as obsolete, should have had its written down value reduced from the block of assets, and depreciation should have been claimed on the balance of the block of assets. Issue 5: Erroneous Levy of Interest Under Section 234B of the IT Act - The CIT(A) failed to appreciate that the advance tax remitted by the appellant was more than 90% of its income-tax liability, and hence the appellant was not liable to pay interest under section 234B of the IT Act. - The Tribunal remanded the issue to the AO for reconsideration. Issue 6: Erroneous Levy of Interest Under Section 234C of the IT Act - The CIT(A) held that interest under section 234C of the Act is to be levied on assessed income, not appreciating the appellant's submissions that there was an error in computation of interest under section 234C of the Act. - The Tribunal remanded the issue to the AO for reconsideration. Issue 7: Initiation of Penalty Proceedings - The CIT(A) erred in upholding the initiation of penalty proceedings by the AO. This ground was rejected as being premature. Conclusion: The appeal filed by the assessee was partly allowed for statistical purposes, with several issues remitted back to the AO for verification and reconsideration.
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