2014 (3) TMI 502 - AT - Income Tax

Exercise of Jurisdiction u/s 263 of the Act - disallowance of expenditure debited to profit and loss account - Held that - The assessment order does not reveal whether the Assessing Officer has made any enquiry either with regard to the expenditure claimed under various heads or in respect of purchase of film - The documents submitted also do not establish any enquiry to have been conducted by the Assessing Officer on the issue pointed out by the CIT - the Assessing Officer has completed the assessment in a mechanical and casual manner without proper application of mind or even a semblance enquiry - The assessee could not demonstrate or submit any material, except a letter which could show that enquiry in any manner was conducted by the Assessing Officer to find out the true intent of agreement with Adlabs Limited or verifying the allowability of the expenditure claimed by the assessee since the property was handed over to Adlabs Limited on lease during the financial year under dispute - Neither the assessment order, nor any other material on record show even a hint of enquiry by the Assessing Officer by issuing any questionnaire etc., to the assessee on the issues pointed out by the CIT thus, the assessment order passed is certainly erroneous since it causes prejudice to the interest of revenue thus, the exercise of jurisdiction u/s 263 of the Act by the CIT (A) to revise such an order is permissible in accordance with the provisions of the Act. The order of the CIT is modified to the extent by directing the Assessing Officer to redo the assessment after examining all aspects of the matter and after conducting necessary enquiry as may be deemed fit without being influenced by the observations of the CIT that the rent from machinery and plant should be treated as income from other sources - The Assessing Officer shall take an independent decision on the issue of taxability of conducting charges under an appropriate head Decided partly in favour of Assessee.

Summary

Issues Involved:
1. Discontinuation of business and classification of lease rentals.
2. Allowability of various expenditures claimed by the assessee.
3. Treatment of expenditure on the purchase of the film "Okkadunnadu."

Issue-wise Detailed Analysis:

1. Discontinuation of Business and Classification of Lease Rentals:
The CIT exercised powers under section 263 of the Act, calling for the assessment records and noting that the assessee entered into an agreement with Adlabs Ltd. to lease the theatre. The CIT observed that the lease was for a long term and included a lock-in period, indicating the assessee's intention to discontinue the business of film exhibition. The CIT opined that the income from leasing out the theatre should not be assessed as business income but as income from 'other sources.' The CIT relied on decisions from the Punjab & Haryana High Court and the Delhi High Court. The assessee contended that it had not discontinued its business and that the income should be treated as business income. The Tribunal noted that the Assessing Officer (AO) had not examined the lease agreement and had accepted the income as business income without proper scrutiny, making the assessment order erroneous and prejudicial to the interest of revenue. However, the Tribunal directed the AO to re-examine the issue independently without being influenced by the CIT's observations.

2. Allowability of Various Expenditures Claimed by the Assessee:
The CIT noted that the assessee claimed expenditures under various heads like theatre maintenance, insurance, salaries, etc., which as per the agreement, were to be borne by Adlabs Ltd. The CIT found that the AO had not examined the allowability of these expenditures, making the assessment order erroneous. The assessee argued that the expenditures were incurred for business purposes and were supported by vouchers. The Tribunal observed that the AO had completed the assessment in a mechanical and casual manner without proper application of mind or enquiry into the expenditures claimed. The Tribunal upheld the CIT's order to set aside the assessment for re-examination of these expenditures.

3. Treatment of Expenditure on the Purchase of the Film "Okkadunnadu":
The CIT observed that the assessee claimed the entire expenditure of Rs. 6,30,000/- towards the purchase of the film "Okkadunnadu" instead of apportioning it over the relevant periods. The AO allowed the entire expenditure without proper consideration, making the assessment order erroneous. The assessee contended that the CIT had not raised this issue during the revision proceedings, and the expenditure was rightly claimed. The Tribunal noted that the AO had not conducted any enquiry into the expenditure and upheld the CIT's order to re-examine this issue.

Conclusion:
The Tribunal concluded that the assessment order was erroneous and prejudicial to the interest of revenue due to the AO's failure to properly examine the issues related to the lease agreement, expenditures claimed, and the treatment of the film purchase expenditure. The Tribunal upheld the CIT's order to set aside the assessment and directed the AO to redo the assessment de novo, conducting necessary enquiries and taking an independent decision on the issues without being influenced by the CIT's observations. The appeal of the assessee was treated as partly allowed for statistical purposes.