2015 (1) TMI 963 - AT - Income Tax

Unutilised Modvat Credit added to Closing Stock - Held that - As the assessee has given the impact of the adjustment of Modvat Credit to the Profit & Loss Account for the year under consideration. In our opinion, in the interest of justice matter should be restored back to the file of the AO for fresh adjudication. He is directed to decide the issue after considering the order of the Tribunal dated 22. 05. 2013 and the decision of the Hon'ble jurisdictional High Court in the case of Mahalakshmi Glass Works (P) Ltd. (2009 (4) TMI 182 - BOMBAY HIGH COURT) - Decided in favour of assesse in part. Disallowance of deduction u/s. 80HHC - Held that - In the absence of any profit available to the assessee from exports, the benefit of deduction under section80 HHC was rightly not available. In our considered opinion the ld CIT(A)was justified in rejecting the ground of the assessee on the claim of deduction under section 80HHC in the absence of any eligible profit. - Decided in fvaor of assessee. Provision for doubtful debts for purpose of calculating book profit u/s. 115 JB - Held that - FAA had directed the AO make verification about the liabilities claimed by the assessee. He held that if the liabilities were ascertainable, he should allow the deduction and not otherwise. It was duty of the assessee to prove before the AO that the liabilities in question were not unascertainable. The assessee before us has not demonstrated as to how he proved his claim before the AO. So, we are of the opinion that the order of the FAA does not suffer from any legal infirmity. - Decided against assessee. Transfer Pricing adjustment - Held that - The assessee has adopted that external CUP method, that it relied upon the Bhun database, that the FAA had partly allowed the appeal filed by the assessee. Considering the peculiar facts and circumstances of the case, we are remitting the issue of TP adjustment to the file of the AO for fresh adjudication. - Decided in favour of assessee for statistical purposes. Delay in depositing contribution to Provident Fund (PF)account under both the categories-i. e. Employer s contribution and Employees contribution - Held that - Even if some of the payments were made late but within the grace period no disallowance should be made. - Decided in favour of assessee.

Issues Involved:
1. Addition to the value of closing stock on account of unutilized MODVAT credit.
2. Increase in the value of opening stock due to unutilized MODVAT credit.
3. Disallowance of deduction under Section 80HHC.
4. Addition of provision for doubtful debts for computing book profits under Section 115JB.
5. Reference to the Transfer Pricing Officer (TPO) and determination of Arm's Length Price (ALP).
6. Adjustment on account of export of Dicamba.
7. Disallowance of payment of usage charges for registration rights.
8. Additional deduction under Section 35(2AB).
9. Disallowance of interest expenses.
10. Delay in depositing contribution to Provident Fund (PF).
11. Deduction under Section 80HHC for calculating book profits under Section 115JB.
12. Provisions for doubtful debts for calculating book profits under Section 115JB.

Detailed Analysis:

1. Addition to the Value of Closing Stock on Account of Unutilized MODVAT Credit:
The assessee challenged the addition of Rs. 2.60 Crores of unutilized MODVAT credit to the closing stock. The AO had included the unutilized MODVAT credit in the closing stock valuation as per Section 145A. The CIT(A) directed the AO to re-compute the income by valuing purchases, sales, and inventories in line with Section 145A. The Tribunal restored the matter to the AO for fresh adjudication, directing consideration of the Tribunal's previous order and the jurisdictional High Court's decision.

2. Increase in the Value of Opening Stock Due to Unutilized MODVAT Credit:
The assessee's appeal to increase the value of the opening stock by Rs. 6.06 Crores was dismissed as infructuous since the first ground was remitted back to the AO.

3. Disallowance of Deduction under Section 80HHC:
The AO disallowed the deduction under Section 80HHC due to the assessee's nil income after setting off brought forward losses and depreciation. The CIT(A) upheld the AO's decision, and the Tribunal dismissed the assessee's appeal, citing the Tribunal's previous decision.

4. Addition of Provision for Doubtful Debts for Computing Book Profits under Section 115JB:
The AO added Rs. 1.46 Crores for provision for doubtful debts to the book profits, considering it an unascertained liability. The CIT(A) directed the AO to verify the details and decide accordingly. The Tribunal upheld the CIT(A)'s decision, stating the assessee failed to demonstrate the liabilities were ascertainable.

5. Reference to the Transfer Pricing Officer (TPO) and Determination of Arm's Length Price (ALP):
The assessee contested the reference to the TPO and the ALP determination. The CIT(A) partly allowed the appeal, restricting the addition to 40% of Rs. 3.27 Crores. The Tribunal remitted the issue back to the AO for fresh adjudication, following the Tribunal's previous directions.

6. Adjustment on Account of Export of Dicamba:
The AO made an adjustment of Rs. 3.58 Crores based on the TPO's order. The CIT(A) partly allowed the appeal, restricting the addition. The Tribunal remitted the issue back to the AO for fresh adjudication, directing consideration of the Tribunal's previous order.

7. Disallowance of Payment of Usage Charges for Registration Rights:
The TPO determined the ALP of the usage charges at nil. The CIT(A) directed the AO to verify the details and decide accordingly. The Tribunal noted the AO allowed the claim after verification, rendering the issue infructuous.

8. Additional Deduction under Section 35(2AB):
The assessee claimed an additional deduction of Rs. 3.49 Crores under Section 35(2AB). The Tribunal restored the matter to the AO for fresh adjudication, directing consideration of the relevant details.

9. Disallowance of Interest Expenses:
The AO disallowed Rs. 44.06 Lakhs of interest expenses related to capital work-in-progress. The CIT(A) allowed the appeal, following the Tribunal's previous decision. The Tribunal upheld the CIT(A)'s decision, citing the Supreme Court's judgment in Core Health Ltd.

10. Delay in Depositing Contribution to Provident Fund (PF):
The AO disallowed Rs. 63.35 Lakhs for delayed PF contributions. The CIT(A) allowed the appeal, directing verification of due dates and grace periods. The Tribunal upheld the CIT(A)'s decision, following the jurisdictional High Court's order in Ghatge Patil Transport Ltd.

11. Deduction under Section 80HHC for Calculating Book Profits under Section 115JB:
The CIT(A) allowed the deduction under Section 80HHC for calculating book profits under Section 115JB. The Tribunal upheld the CIT(A)'s decision, following the Supreme Court's ruling in Bhari Information Technology Systems Pvt. Ltd.

12. Provisions for Doubtful Debts for Calculating Book Profits under Section 115JB:
The AO added Rs. 1.46 Crores for provision for doubtful debts to the book profits. The Tribunal upheld the AO's decision, stating the assessee failed to provide evidence of ascertainable liabilities.

Conclusion:
The Tribunal partly allowed the appeals filed by both the assessee and the AO, remitting several issues back to the AO for fresh adjudication and upholding the CIT(A)'s decisions on others. The order was pronounced in the open court on 16th January 2015.

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