2019 (7) TMI 1853 - AT - Income Tax

Disallowance of the assessee s contribution to the Federation of Indian Mineral Industries (FIMI) - allowable revenue expenditure - HELD THAT - Respectfully following the above cited decision of the ITAT - Delhi Bench in the case of Rio Tinto India Pvt. Ltd. 2012 (6) TMI 688 - ITAT DELHI we uphold the assessee s claim for the expense as contribution to FIMI to be allowed as revenue expenditure incurred in the course and for the purposes of the assessee s business and consequently delete the disallowance made by the AO in this regard. - Decided in favour of assessee.

Summary

Issues:
Disallowance of contribution to FIMI under section 37(1) of the Income Tax Act, 1961.

Issue Analysis:

1. Disallowance of Contribution to FIMI:
The appeal was against the order of CIT(A) upholding the disallowance of the assessee's contribution to FIMI of ?25,00,000 under section 37(1) of the Act. The assessee contended that the contribution was incurred on grounds of commercial expediency and thus allowable as expenditure. The ITAT considered the facts and the judicial pronouncements cited. The contribution was made by the assessee to FIMI and claimed as revenue expenditure. The authorities disallowed the claim, stating it was not incurred wholly and exclusively for the business. However, the ITAT referred to a similar case where the contribution to FIMI was allowed as revenue expenditure. The ITAT upheld the assessee's claim based on the commercial advantage gained from the contribution and allowed it as revenue expenditure, deleting the disallowance made by the AO. The decision was based on the commercial consideration and the commercial advantage obtained by the assessee, aligning with the principles of commercial expediency. The ITAT's decision was in line with the view taken in previous cases and allowed the assessee's appeal for Assessment Year 2012-13.

In conclusion, the ITAT, Bangalore, allowed the appeal of the assessee for Assessment Year 2012-13, specifically concerning the disallowance of the contribution to FIMI under section 37(1) of the Income Tax Act, 1961. The ITAT's decision was based on the principle of commercial expediency and the commercial advantage obtained by the assessee, aligning with previous judicial decisions.