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2013 (10) TMI 306 - HC - Income TaxDiscretion of department to prescribe what expenditure the assessee should incur and in what circumstances he should incur the expenses Held that - Reliance has been placed upon the judgment in the case of Commissioner of Income Tax, Andhra Pradesh Vs. Dhanrajgirji Raja Narasinghirji reported in 1973 (3) TMI 6 - SUPREME Court - Maintenance of books of accounts for the assessee and absence of any defect in such record and therefore, it rightly held that merely because in the subsequent year more expenses are incurred by the assessee by making such comparison, disallowance was not justified. Unexplained cash credit u/s 68 of the Income Tax Act Held that - Having found complete details of the receipt of share application money, along with the form names and addresses, PAN and other requisite details Revenue found complete absence of the grounds noted for invoking the provision of section 68 of the Income tax Act - Reliance has been placed upon the judgment of Hon ble Supreme Court in the case of Commissioner of Income Tax. Vs. Lovely Exports (P) Ltd. 2008 (1) TMI 575 - SUPREME COURT OF INDIA Decided against the Revenue.
Issues:
1. Disallowance of commission expenses 2. Disallowance of claim of depreciation on intangible assets (software) 3. Addition made under section 68 of the Income Tax Act Issue 1: Disallowance of Commission Expenses The Department challenged the order of the Income Tax Appellate Tribunal regarding the disallowance of commission expenses for the assessment year 2005-06. The Assessing Officer disallowed a portion of the commission expenses, but the Commissioner of Income Tax (Appeals) upheld this decision. However, the Tribunal held that the department cannot dictate the expenses the assessee should incur. The Tribunal found no justification for the disallowance and emphasized the proper maintenance of accounts by the assessee. The High Court concurred with the Tribunal's decision, stating that no substantial question of law or illegality arose, warranting interference. Therefore, the disallowance of commission expenses was deemed justified based on factual evidence and applicable law. Issue 2: Disallowance of Claim of Depreciation on Intangible Assets (Software) The second issue involved the claim of depreciation on intangible assets, specifically software. The CIT(A) and Tribunal found that the software qualified as an intangible asset and allowed depreciation on it. They noted that the software was loaded into the system and supported their decision with evidence from a valuation report and vouchers. The High Court upheld these decisions, stating that the findings were based on facts and material on record. The Court found no reason to interfere with the orders of the lower authorities and dismissed the appeal, as the software purchased and installed during the year was eligible for depreciation. Issue 3: Addition Made Under Section 68 of the Income Tax Act The Assessing Officer disallowed an amount under section 68 of the Income Tax Act concerning share application money. However, the CIT(A) and Tribunal found that the assessee had provided sufficient evidence regarding the share applicants and the debt recovery process involving preferential warrants. They also considered a compromise scheme approved by the High Court. Both authorities directed the Assessing Officer to delete the additions made under section 68. The High Court agreed with their decisions, emphasizing the proofs provided by the assessee and the compliance with legal requirements. The Court noted that the issue was covered by a Supreme Court decision and found no merit in the revenue's appeal. Therefore, the addition under section 68 was deemed unjustified, and the appeal was dismissed. This judgment provides a detailed analysis of the issues related to disallowance of commission expenses, claim of depreciation on intangible assets, and addition made under section 68 of the Income Tax Act for the assessment year 2005-06. The decisions of the lower authorities were upheld by the High Court, emphasizing factual evidence, legal compliance, and applicability of relevant legal principles.
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