2010 (7) TMI 1201 - AT - Income Tax

Summary

Issues Involved:
1. Disallowance of expenses claimed under the head 'liquidated damages'.
2. Claim of bad debts.
3. Disallowance of legal expenses.
4. Disallowance of claim under the head 'foreign exchange fluctuations'.
5. Deduction of MAT credit for the purpose of calculation of interest u/s 234B.
6. Reduction of amount allowed u/s 80IA by decreasing the net profit.
7. Disallowance of amount claimed as current repairs.

Summary:

1. Disallowance of Expenses Claimed Under the Head 'Liquidated Damages':
The first issue in the appeals filed by the revenue relates to the disallowance of expenses claimed under the head 'liquidated damages'. The assessee made a provision for liquidated damages, which the Assessing Officer disallowed, stating that the liability had not crystallized during the relevant years. However, the CIT(A) granted relief based on the decision of the ITAT Hyderabad Special Bench in the assessee's own case, which held that the claim for damages arose at the point of breach. The Tribunal upheld the CIT(A)'s decision, finding no reason to interfere.

2. Claim of Bad Debts:
The assessee's claim of bad debts was disallowed by the Assessing Officer due to a lack of evidence showing the debts had become irrecoverable. However, the CIT(A) allowed the claim, referencing the Supreme Court's decision in TRF Ltd Vs. CIT, which stated that it is enough if the bad debt is written off as irrecoverable in the accounts of the assessee. The Tribunal upheld the CIT(A)'s decision.

3. Disallowance of Legal Expenses:
The Assessing Officer disallowed legal expenses incurred in connection with the de-merger of KCP Ltd and the eviction of illegal occupation on certain land. The CIT(A) allowed the claim, stating that the expenses were revenue in nature and related to the recovery of amounts due from KCP Sugars & Industries Ltd. The Tribunal upheld the CIT(A)'s decision.

4. Disallowance of Claim Under the Head 'Foreign Exchange Fluctuations':
The assessee claimed losses due to foreign exchange fluctuations on loans given to its sister concern. The CIT(A) allowed the claim for certain years, while disallowing it for others. The Tribunal set aside the issue to the Assessing Officer for examination, directing correlation of the foreign exchange loss/gain to specific assets.

5. Deduction of MAT Credit for the Purpose of Calculation of Interest u/s 234B:
The issue relates to whether MAT credit should be deducted from the tax liability while calculating interest u/s 234B. The CIT(A) allowed the deduction, referencing decisions from various High Courts. The Tribunal upheld the CIT(A)'s decision.

6. Reduction of Amount Allowed u/s 80IA by Decreasing the Net Profit:
The Assessing Officer reduced the net profit by the commission paid to directors for calculating the deduction u/s 80IA. The CIT(A) confirmed this action, stating that the commission is part of business expenses. The Tribunal upheld the CIT(A)'s decision.

7. Disallowance of Amount Claimed as Current Repairs:
The assessee claimed expenses as current repairs, which the Assessing Officer disallowed, treating them as capital expenditure. The CIT(A) confirmed the disallowance. The Tribunal set aside the issue to the Assessing Officer, directing an opportunity for the assessee to explain its case.

Conclusion:
The appeals of the revenue for assessment years 2002-03, 2003-04, and 2006-07 are dismissed. The appeals of the revenue for assessment years 2001-02, 2004-05, and 2005-06, and the appeal of the assessee for the assessment year 2006-07 are treated as partly allowed. The appeal of the assessee for the assessment year 2005-06 is treated as allowed.