2016 (1) TMI 781 - AT - Income Tax

Disallowance of interest on delayed payment on excise duty or delayed payment of sales-tax - Held that - These are more or less compensatory in nature and cannot be held as any infraction or violation of any law. Such a payment of interest on delayed payment or excess credit also cannot be disallowed as it is pure compensatory and accordingly, the order of the CIT(A) on this score is reversed. We find that the Tribunal in assessee s own case for AY 2005-06 has deleted the delayed payment of sales tax. Accordingly, on same reasoning we also allow these payments - Decided in favour of assessee

Issues:
1. Whether the Ld. CIT(A) erred in directing to delete the addition of Rs. 5.29 Crores made by the AO on account of gain on settlement of Sales Tax Deferral Loan.
2. Addition of Rs. 3,05,97,461 to the closing stock by Excise CENVAT at the year end.
3. Disallowance of expenditure of Rs. 4,22,692 being foreign travel expenses incurred on the spouse of Chairman.
4. Challenge of Rs. 1,21,294 being interest paid for delayed payment of statutory dues.
5. Disallowance of sales tax deferral loan of Rs. 229 lakhs.

Analysis:
1. The issue of the addition of Rs. 5.29 Crores on account of settlement of Sales Tax Deferral Loan was raised in the revenue's appeal. The Tribunal noted that the issue was covered in favor of the assessee by a previous Tribunal order and a High Court decision. The revenue raised multiple grounds, but the Tribunal found them argumentative and dismissed them. The only issue was the addition of Rs. 5.29 crores, which was decided in favor of the assessee based on the judicial precedence set by the High Court decision. Hence, the revenue's appeal was dismissed.
2. The assessee's appeal raised issues related to the addition to closing stock by Excise CENVAT and disallowance of foreign travel expenses. These issues were found to be covered against the assessee in previous years' decisions. Therefore, the Tribunal dismissed these grounds following judicial precedence.
3. The challenge regarding interest paid for delayed payment of statutory dues was raised in the assessee's appeal. The Tribunal considered the nature of the disallowance and found it compensatory rather than penal. Relying on previous decisions in the assessee's favor, the Tribunal reversed the CIT(A)'s order and allowed the payments of interest. Thus, ground no. 3 raised by the assessee was allowed.
4. The issue of disallowance of sales tax deferral loan of Rs. 229 lakhs was also raised in the assessee's appeal. This issue was found to be covered by the High Court decision, and accordingly, the Tribunal decided in favor of the assessee. As a result, the appeal of the assessee was partly allowed.
5. The Cross Objection raised by the revenue mirrored the grounds raised in the revenue's appeal. The Tribunal dismissed the grounds raised in the Cross Objection in line with the findings in the revenue's appeal. Therefore, the Cross Objection raised by the revenue was dismissed. Overall, the revenue's appeal for AY 2007-08 and CO no. 237/Mum/2012 for AY 2008-09 were dismissed, while the assessee's appeal for AY 2008-09 was partly allowed.

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