2010 (8) TMI 1119 - AT - Income Tax

Summary

Issues involved:
The judgment involves issues related to the addition of grant received by the assessee for the purchase of a capital asset, miscellaneous expenses disallowance, and TDS processing application.

Issue 1: Addition of Grant for Capital Asset Purchase
The Revenue appealed against the deletion of the addition of Rs. 3,23,73,278 made by the A.O. The assessee, a company in the automobile parts business, received the grant from its parent company for purchasing capital assets. The A.O. treated the grant as a revenue receipt, adding it to the total income. The assessee contended that the grant was for capital assets and should not be taxed as revenue. The ld. CIT(A) agreed with the assessee, stating that the grant was solely for purchasing capital goods and should not be treated as revenue. The Tribunal found that further examination was needed to verify if the grant was used for capital assets, thus restoring the matter to the A.O. for fresh consideration.

Issue 2: Miscellaneous Expenses Disallowance
The A.O. disallowed Rs. 2,50,000 of miscellaneous expenses due to a perceived personal element. The ld. CIT(A) upheld the disallowance. However, following a precedent where no disallowance can be made for personal elements in a company's expenses, the Tribunal deleted the disallowance and allowed this ground of the assessee's appeal.

Issue 3: TDS Processing Application
The assessee's appeal included a ground related to TDS of Rs. 47,66,381. The Tribunal noted that the ld. Counsel did not press this ground during the hearing, leading to its dismissal.

In conclusion, the appeal of the Revenue was treated as allowed for statistical purposes, while the appeal of the assessee was partly allowed.