2012 (11) TMI 851 - HC - Income Tax

Dividend declared on the units of U.T.I. after purchase of the units by the assessee but before their registration in the name of the assessee as the transferee, accrued to the assessee though an unregistered purchaser - held that - Units of the UTI not being shares, do not attract Sec 8 of the Act - decided in favour of Revenue. Disallowing the entirety of the expenditure of foreign tour of Rs. 83,54,857/-, overruling the allowance by the CIT (Appeals) of Rs. 41,92,429/- being 50% thereof and in disregard of its own order for such allowance under similar circumstances in the past - held that - In regard to previous judgement in assessee s own case issue is decided in favour of Revenue - appeal dismissed against assessee. Decision in THE PEERLESS GENERAL FINANCE & INVESTMENT CO LTD Versus COMMISSIONER OF INCOME TAX, WB-I, KOLKATA 2012 (10) TMI 896 - CALCUTTA HIGH COURT followed.

Summary

Issues:
1. Depreciation on long-term lease-hold properties
2. Tax treatment of dividend income from UTI units
3. Disallowance of foreign tour expenditure

Depreciation on long-term lease-hold properties:
The appeal questioned the Tribunal's decision on declining depreciation on long-term lease-hold properties, limiting it to capital expenditure for structures only. The appellant decided not to proceed with this issue. The judges refrained from expressing an opinion on this matter.

Tax treatment of dividend income from UTI units:
The Tribunal was questioned for holding that dividend income accrued to the assessee even before registration of UTI units in their name. This issue was previously decided against the appellant in a different case. The judges upheld the previous decision and dismissed the appeal on this issue.

Disallowance of foreign tour expenditure:
The Tribunal disallowed the entirety of foreign tour expenditure, contrary to CIT's allowance of 50%. The judges referred to a past decision where a similar allowance was made. They found no reason to differ from the previous judgment and dismissed the appeal on this issue as well.

In the judgment delivered by Mr. Joymalya Bagchi of the Calcutta High Court, the appeal raised three significant issues. The first issue concerned the depreciation treatment of long-term lease-hold properties, which the appellant chose not to pursue further. The judges refrained from expressing an opinion on this matter. The second issue involved the tax treatment of dividend income from UTI units. The Tribunal's decision, which was previously decided against the appellant in another case, was upheld, leading to the dismissal of the appeal on this issue. The third issue focused on the disallowance of foreign tour expenditure. Despite the CIT's allowance of 50% of the expenditure, the Tribunal disallowed the entire amount. The judges, referencing a past decision with a similar allowance, found no reason to deviate from their previous judgment and dismissed the appeal on this issue as well.