2014 (10) TMI 531 - HC - Income Tax

Violation of principles of natural justice - Documents and data not properly examines - Advertisement expenses u/s 37 - Whether the Tribunal misdirected itself in law as well as on facts in upholding the order passed by the CIT u/s 263 of the Act whereby the latter had reversed the order of the AO allowing deduction u/s 37 of the Act in respect of advertisement expenses Held that - As decided in M/s Kranti Associates Pvt. Ltd. and another v. Sh. Masood Ahmed Khan and others 2010 (9) TMI 886 - SUPREME COURT OF INDIA - the documents and the data produced by the assessee have not been taken into consideration - the order does not satisfy the requirements as enunciated by the Apex Court thus, the order of the Tribunal is passed in violation of the principles of natural justice the matter is to be remitted back to the Tribunal for fresh decision Decided in favour of asseessee.

Summary

Issues:
Appeal under section 260A of the Income Tax Act against the order of the Income Tax Appellate Tribunal regarding deduction under Section 37 of the Act for advertisement expenses.

Analysis:
1. The appellant-assessee filed an appeal under section 260A of the Income Tax Act against the order of the Income Tax Appellate Tribunal, challenging the disallowance of deduction under Section 37 of the Act for advertisement expenses. The Commissioner of Income Tax reversed the deduction allowed by the Assessing Officer, deeming it erroneous and prejudicial to revenue. The Tribunal upheld this decision, leading to the current appeal.

2. The appellant argued that crucial material, such as letters from Russian importers, invoices from advertising agencies, and bank certificates, proving the advertisement campaign in Russia, was not considered by the CIT and the Tribunal. Additionally, data from subsequent years showed increased direct exports and commissions without advertisement expenses, supporting the claim of the expenses incurred for promotion.

3. On the contrary, the revenue contended that the appellant failed to provide communication from Hindustan Lever Limited, the foreign buyer, to establish the advertisement expenses. It was argued that a significant portion of expenses was incurred before sales, making them inadmissible.

4. The High Court referred to the requirement of passing reasoned orders, emphasizing the importance of recording reasons to ensure justice and transparency in decision-making processes. The Court noted that the documents and data provided by the appellant were not considered by the Tribunal, violating the principles of natural justice. Consequently, the order was set aside, and the matter was remanded to the Tribunal for a fresh decision after affording both parties an opportunity to be heard in accordance with the law.

Outcome:
The High Court allowed the appeal, setting aside the Tribunal's order and remanding the case for a fresh decision, emphasizing the importance of considering all relevant evidence and providing a reasoned order in line with principles of natural justice and transparency in decision-making.