2016 (2) TMI 80 - AT - Income Tax

Disallowance of salary expenditure - CIT(A) allowed the claim - Held that - Once it is established that the business was set up all related expenditures will have to be allowed as deduction. Hence, we do not find any infirmity in the impugned order passed by the Ld. CIT(A) on the issue in dispute and hence, we uphold the same by dismissing the appeal filed by the Revenue. - Decided against revenue Disallowance of depreciation - CIT(A) allowed the claim - Held that - Act does not allow for partial depreciation being allowed once the assets has been put to use. Hence, we do not find any infirmity in the impugned order passed by the Ld. CIT(A) on the issue in dispute and therefore, we uphold the action of the Ld. CIT(A) of deleting the addition in dispute - Decided against revenue

Summary

Issues Involved:
1. Disallowance of 50% of Salary Expenses.
2. Disallowance of 50% of Depreciation on Office Equipment.

Issue-wise Detailed Analysis:

1. Disallowance of 50% of Salary Expenses:

The Revenue contested the deletion of the disallowance of 50% of salary expenses amounting to Rs. 67,67,156/- by the CIT(A). The Assessing Officer (AO) had disallowed these expenses on the grounds that the assessee failed to substantiate that the services of the three employees were utilized wholly and exclusively for trading purposes as the manufacturing activity had not yet commenced.

The CIT(A) examined the case and found that the trading activity was indeed undertaken by the assessee with the help of the personnel in question. It was established that these employees were engaged in sales activities, which is a core activity of the assessee, irrespective of whether the goods were manufactured or traded. The CIT(A) held that once the business is set up, all related expenditures must be allowed as deductions. The CIT(A) relied on judicial precedents, including the Bombay High Court's decision in Commissioner of Income-tax vs. Piem Hotel Pvt. Ltd. and the Delhi High Court's decision in Commissioner of Income-tax v. L.G. Electronic (India) Ltd., which supported the view that business expenses are deductible once the business is set up, even if actual manufacturing has not commenced.

The ITAT upheld the CIT(A)'s decision, agreeing that the personnel expenses were rightly allowed as deductions since the business had been set up and trading activities had commenced.

2. Disallowance of 50% of Depreciation on Office Equipment:

The Revenue also contested the deletion of the disallowance of 50% of depreciation on office equipment amounting to Rs. 12,81,810/-. The AO had disallowed this on the grounds that the assets were not used wholly and exclusively for trading activities as the manufacturing activity had not yet started.

The CIT(A) held that the assets were put to use for trading purposes and thus met the conditions of Section 32 of the Income Tax Act for claiming depreciation. The CIT(A) cited judicial precedents, including the Rajasthan High Court's decision in CIT v. Nakoda Metals and the Gujarat High Court's decision in Asstt. CIT v. Ashima Syntex Ltd., which established that once an asset is put to use, full depreciation must be allowed, irrespective of the commencement of manufacturing activities.

The ITAT agreed with the CIT(A)'s reasoning and upheld the deletion of the disallowance, concluding that the Act does not permit partial depreciation once the asset has been put to use.

Conclusion:

The ITAT dismissed the Revenue's appeal, affirming the CIT(A)'s order that allowed the full deduction of salary expenses and depreciation on office equipment. The ITAT found that the CIT(A) had correctly applied the law and judicial precedents in determining that the business had been set up and all related expenditures were deductible. The ITAT did not find any infirmity in the CIT(A)'s well-reasoned order and thus upheld it in entirety.