2013 (2) TMI 425 - AT - Income Tax

Re-opening u/s 147 Reopening was made after four years from the end of the impugned assessment year despite the original assessment having been completed under Section 143(3) of the Act Held that - Re-assessment proceedings initiated were valid, since assessee had failed or not disclosed the facts necessary for the assessment fully and truly before the AO in respect of its claim for deduction under Section 80-IA of the Act and in respect of its claim for expenditure incurred in promoting MRF Pace Foundation Against the assessee. Disallowance of expenditure incurred in MRF Pace Foundation Held that - Expenditure incurred for the said Foundation for training individuals in cricket game could not be held as a business activity of the assessee and therefore, the claim for such allowance was not allowable under Section 37 of the Act - Against the assessee. Disallowance under Section 14A Held that - As held in Godrej & Boyce Mfg. Co. Ltd v. DCIT 2010 (8) TMI 77 - BOMBAY HIGH COURT that Rule 8D is applicable from assessment year 2008-09 Further In the case of CIT v. Hero Cycles 2009 (11) TMI 33 - PUNJAB AND HARYANA HIGH COURT it was held that it could not be taken as a rule that some expenditure was always incurred in respect of the exempt income earned In this case assessee itself had made a disallowance of Rs. 66,312/- - It can not be said that no expenditure whatsoever was incurred for earning the exempt income Case was referred back to AO Allowed for statistical purpose. Amortization of lease charges paid in respect of leasehold lands - It has already been held against assessee by this Tribunal Against the assessee.

Summary

Issues:
1. Reopening of assessment under Section 147 of Income-tax Act, 1961
2. Exclusion of DEPB credit entitlement while computing 80-HHC deduction
3. Disallowance of 80-IA deduction claimed
4. Disallowance of expenditure incurred for MRF Pace Foundation
5. Amortization of lease charges paid in respect of leasehold lands
6. Disallowance of expenditure under Section 14A of the Act by applying Rule 8D of Income-tax Rules, 1962

Analysis:

Reopening of Assessment:
The appellant challenged the reopening of assessment under Section 147 of the Income-tax Act, 1961. The Tribunal referred to a previous order where it was held that re-assessment proceedings were valid as the appellant had failed to disclose necessary facts for assessment fully and truly. Therefore, the issue of reopening was decided against the appellant.

Exclusion of DEPB Credit Entitlement:
The Tribunal held that the exclusion of DEPB credit entitlement was not allowable, citing a previous decision in favor of the Revenue. The appellant's ground on this issue was dismissed based on the precedent.

Disallowance of 80-IA Deduction:
Regarding the claim of deduction under Section 80-IA, it was determined that the appellant was not eligible for the claim as the items in question fell under a specific schedule. Thus, the claim for deduction under Section 80-IA was denied.

Disallowance of Expenditure for MRF Pace Foundation:
The Tribunal ruled that the expenditure incurred for the MRF Pace Foundation was not considered a business activity of the appellant. Consequently, the claim for allowance under Section 37 of the Act was not permissible.

Amortization of Lease Charges:
The Tribunal held that the issue of amortization of lease charges paid in respect of leasehold lands had already been decided against the appellant in a previous order. Therefore, the grounds on this issue were dismissed.

Disallowance under Section 14A:
The appellant contested the disallowance under Section 14A, arguing that only actual expenses related to earning exempt income could be disallowed. However, the Tribunal noted that the appellant had voluntarily disallowed a percentage of exempt income. The Tribunal set aside the orders and remitted the issue back to the Assessing Officer for reconsideration in accordance with law, allowing the appellant's ground on this issue for statistical purposes.

Summary:
In summary, the appeals of the appellant for assessment years 2003-04 and 2005-06 were dismissed. However, the appeal for assessment year 2008-09 was partly allowed for statistical purposes, specifically regarding the disallowance under Section 14A.