2015 (9) TMI 1237 - AT - Income Tax

Disallowance u/s 37(1) - expenditure on abandoned films - Rule 9A - huge loss pertaining to new projects - Held that - Hon ble Madras High Court in the case of CIT vs. Prasad Productions (P) Ltd (1989 (1) TMI 38 - MADRAS High Court ), wherein it was held that even if expenditure relating to positive prints is not allowable under rule 9A, the same can be allowed u/s 37(1) of the Act as it is incurred in connection with the business of film production. As the decision of the Coordinate Bench is on similar set of facts, we, respectfully following the same, allow the assessee s ground of appeal as far as the claim of expenditure on abandoned films is concerned. As regards the CIT (A) s directions to the AO to verify whether the conditions prescribed under Rule 9A are satisfied in the case of film Shabari, we find that the said movie was released subsequently and therefore, provisions of Rule 9A are very much applicable. However, the assessee has shown the expenditure incurred towards the film Shabari , as his closing stock of the relevant financial year and has not claimed it as expenditure. When there is no claim, there can be no disallowance of the same. - Decided in favour of assessee.

Summary

Issues Involved:
1. Disallowance of expenses incurred on new projects under Section 37(1) of the Income Tax Act.
2. Applicability of Rule 9A of the Income Tax Act to the expenses incurred on abandoned film projects.
3. Verification of the conditions under Rule 9A for the film 'Shabari'.

Detailed Analysis:

Disallowance of Expenses Incurred on New Projects:
The assessee, engaged in film production, filed a return for A.Y. 2008-09 declaring a loss of Rs. 7,15,46,975. The AO scrutinized the return and disallowed expenses claimed under Section 37(1) of the I.T. Act for new projects (VCL H.O and RGV H.O) and the film 'Shabari', citing a lack of correlation between the expenses and the income reported. The AO observed that the income reported was meager compared to the huge expenditure and that the only films released during the relevant period were 'Sholay', 'Badla alias Darling', and 'Shiva'. Consequently, the AO disallowed the expenses related to the new projects and the film 'Shabari', bringing them to tax as income of the assessee.

Applicability of Rule 9A to Abandoned Film Projects:
The CIT (A) partly upheld the AO's order, directing the AO to verify the expenditure claimed against RGV H.O. and allow it if conditions under Rule 9A were satisfied. However, the CIT (A) confirmed the disallowance of expenses for the other two films. During the appeal, the assessee argued that expenses on abandoned films should be considered business expenditure under Section 37(1) of the I.T. Act. The Tribunal found that the genuineness of the expenses was not doubted, but the disallowance was made solely because the conditions under Rule 9A were not met. The Tribunal noted that Rule 9A applies to films certified for release by the Board of Film Censors, which was not the case for the abandoned projects. Citing precedents, the Tribunal held that expenses on abandoned films are allowable as business expenditure under Section 37(1).

Verification of Conditions Under Rule 9A for 'Shabari':
Regarding the film 'Shabari', the assessee contended that the expenditure was shown as 'work in progress' and not claimed as an expense. The Tribunal observed that since the movie was released subsequently, Rule 9A was applicable. However, since the expenditure was shown as closing stock and not claimed as an expense, there was no basis for disallowance. The Tribunal directed the AO to delete the additions made.

Conclusion:
The Tribunal allowed the assessee's appeal, holding that:
- Expenses incurred on abandoned film projects are allowable as business expenditure under Section 37(1) of the I.T. Act.
- The disallowance of expenses for the film 'Shabari' was unwarranted as the expenditure was shown as closing stock and not claimed as an expense.

The order was pronounced in the Open Court on 23rd September 2015.