2013 (10) TMI 865 - AT - Income Tax

Allowance of arbitration award as expenditure Held that - Payment to Software Technology Park of India of Rs. 5,75,000/- due to award of Arbiter, the arbitration was started in F.Y. 05- 06 itself and hearing was going on. The assessee gathered that ultimate analysis it has to pay in pursuant to award to the Software Technology Park of India. The award was passed on 20th July, 2006 and accounts were finalized and audited on 12th September, 2006 i.e. after the date of order - Addition confirmed by the CIT(A) under year consideration is upheld. However, this can be allowed as an expenditure in year 07-08. Allowance of Bad Debts u/s 36(1)(vii) of the Income Tax Act Held that - Reliance has been placed upon the judgment in the case of TRF Ltd. v CIT 2010 (2) TMI 211 - SUPREME COURT , wherein law is settled and assessee has written off this bad debt in the account itself sufficient to claim bad debt which has been done in the account Decided in favor of Assessee. Disallowance of Rs.2,00,000/- on account of misappropriation of cash for which legal action has been taken by the appellant - The appellant claim Rs. 2 lacs under the the head misappropriation of cash from the bank account allegedly made by one of its employees Held that - After considering the facts of the case as revealed from the copy of FIR that there was misappropriation of fund for Rs. 2 lacs and placed the evidences on record. He has established the misappropriation of fund by the employees Allowed as expense as various courts have held.

Issues Involved:

1. Disallowance of Rs.575,000/- pertaining to Software Technology Park of India.
2. Disallowance of Rs.611,590/- pertaining to purchase of bandwidth from Exatt Technology Pvt. Ltd.
3. Partial disallowance of Rs.300,000/- out of Rs.997,041/- for purchase of consumables.
4. Disallowance of depreciation on machinery purchase amounting to Rs.3,26,704/-.
5. Disallowance of bad debts of Rs.20,812/-.
6. Disallowance of Rs.113,494/- for traveling expenses.
7. Disallowance of Rs.200,000/- for misappropriation of cash.
8. Non-allowance of deduction U/s.80IA on positive income due to sustained additions.

Detailed Analysis:

1. Disallowance of Rs.575,000/- pertaining to Software Technology Park of India:

The A.O. disallowed the payment of Rs.575,000/- to the Software Technology Park of India for bandwidth charges, stating that the liability crystallized in A.Y. 07-08, not in 06-07. The CIT(A) confirmed this, noting that the liability arose post the financial year in question. The Tribunal upheld the CIT(A)'s decision but allowed the expenditure for A.Y. 07-08.

2. Disallowance of Rs.611,590/- pertaining to purchase of bandwidth from Exatt Technology Pvt. Ltd.:

The A.O. disallowed Rs.611,590/- for bandwidth purchase from Exatt Technology Pvt. Ltd., as the notice issued u/s. 133(6) returned undelivered, and the appellant failed to substantiate the purchase's genuineness. The CIT(A) upheld this disallowance. The Tribunal set aside the issue to the A.O. for verification of payments from the bank account to ascertain the actual receipts.

3. Partial disallowance of Rs.300,000/- out of Rs.997,041/- for purchase of consumables:

The A.O. disallowed Rs.997,041/- for consumables, doubting the genuineness of transactions with certain parties. The CIT(A) confirmed a partial disallowance of Rs. 3,00,000/-. The Tribunal set aside the issue to the A.O. for a fresh examination and directed to give reasonable opportunity to the assessee.

4. Disallowance of depreciation on machinery purchase amounting to Rs.3,26,704/-:

The A.O. disallowed depreciation on machinery purchase of Rs.13,06,817/- due to discrepancies in accounts and non-verification of suppliers. The CIT(A) upheld the disallowance. The Tribunal set aside the issue to the A.O. to give the assessee another opportunity to prove the genuineness of the transaction.

5. Disallowance of bad debts of Rs.20,812/-:

The A.O. disallowed bad debts of Rs.20,812/-, and the CIT(A) confirmed it, citing non-fulfillment of conditions laid down by the Hon'ble Gujarat High Court. The Tribunal reversed the CIT(A)'s decision, allowing the bad debts as they were written off in the books of account.

6. Disallowance of Rs.113,494/- for traveling expenses:

The A.O. disallowed Rs.113,494/- for foreign travel expenses due to lack of details. The CIT(A) upheld this disallowance. The Tribunal reversed the CIT(A)'s decision, allowing the expenses as they were incurred wholly and exclusively for business purposes.

7. Disallowance of Rs.200,000/- for misappropriation of cash:

The A.O. disallowed Rs.200,000/- claimed for misappropriation of cash by an employee, citing lack of a police certificate. The CIT(A) upheld this. The Tribunal reversed the CIT(A)'s decision, allowing the claim based on the FIR and established misappropriation.

8. Non-allowance of deduction U/s.80IA on positive income due to sustained additions:

The A.O. did not allow the 80IA deduction on sustained additions of Rs.28,29,661/-. The CIT(A) confirmed this, stating it was not derived from manufacturing activity. The Tribunal set aside the issue to the A.O. for verification and decision as per law.

Conclusion:

The Tribunal partly allowed the appeal, setting aside certain issues for fresh examination by the A.O. and reversing some disallowances confirmed by the CIT(A). The Tribunal emphasized the need for proper verification and reasonable opportunity for the assessee to substantiate claims.

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