2014 (3) TMI 248 - AT - Income Tax

Disallowance of contribution afforastation funds - revenue or capital expenditure - Amount paid to the DFO for mining operation Held that - The assessee is not acquiring any asset nor enduring benefit but is having only a right to work of mining in the land given to him for a specific period on lease thus, the amount is practically a revenue expenditure incurred by the assessee while doing his trade of mining operation thus, the claim of the assessee to allow the same as revenue expenditure is very much within the provisions of the Act thus, the order of the CIT(A) set aside and the AO is directed to allowe the expenditure as revenue expenditure Decided in favour of Assessee.

Issues: Disallowance of payment towards Net Present Value (NPV) for afforestation funds

In this case, the appellant, an assessee, challenged the disallowance of Rs.22,74,180 paid to the DFO as per the direction of the Hon'ble Apex Court towards NPV on land leased for mining operations for afforestation funds. The Tribunal considered the contention that the payment was a revenue expenditure, not an enduring benefit. The appellant relied on a similar case involving Orissa Mining Corporation Ltd, where the payment was allowed as revenue expenditure. The Tribunal noted that the appellant was a leaseholder, not the landowner, and the payment was in compliance with Supreme Court directions and Ministry of MoEF guidelines. The Tribunal found no dissimilarity with the Orissa Mining Corporation Ltd case and held that the payment was a revenue expenditure incurred in the course of the trade of mining operations. Therefore, the Tribunal allowed the appeal, directing the Assessing Officer to treat the expenditure as revenue expenditure under the Income-tax Act, 1961.

This judgment addresses the issue of whether the payment towards NPV for afforestation funds is a revenue expenditure or capital expenditure for the appellant. The Tribunal analyzed the nature of the payment in relation to the appellant's rights as a leaseholder for mining operations, considering the Supreme Court directions and Ministry of MoEF guidelines. The Tribunal compared the case with a similar precedent involving Orissa Mining Corporation Ltd, where such a payment was allowed as revenue expenditure. The Tribunal concluded that the payment did not result in an enduring benefit for the appellant but was a revenue expenditure necessary for conducting mining operations, thus eligible for deduction under the Income-tax Act, 1961.

The judgment also highlights the arguments presented by both parties, with the appellant contending that the payment was revenue in nature due to the specific circumstances of the lease agreement and the purpose of the payment towards afforestation funds. The appellant's reliance on a previous case decision further supported the claim that the payment should be treated as revenue expenditure. On the other hand, the respondent, while supporting the lower authorities' decision to disallow the payment, did not contest the similarities between the Orissa Mining Corporation Ltd case and the present case. Despite the respondent's support for the lower authorities' decision, the Tribunal found in favor of the appellant, emphasizing the revenue nature of the expenditure and the absence of an enduring benefit for the appellant, ultimately allowing the appeal and directing the allowance of the expenditure as revenue expenditure.

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