2023 (6) TMI 1322 - AT - Income Tax

Write off of Cenvat credit - Allowable as business expenditure/loss - Advances (i.e. Input Cenvat Credit) Appellant was constrained to write off during the year under consideration as per the direction of service tax department - HELD THAT - As is evident, the input cost is revenue in nature and accordingly service tax paid on such revenue costs is also eligible to be claimed as revenue expenditure. Further, the matter is covered as the Assessee Company has been given relief by Hon'ble DRP panel where adjustment of Advances written off' is reversed. CIT(DR) have not controverted above factual position. Therefore we are inclined to hold that the input cost is revenue in nature and accordingly service tax paid on such revenue cost is also eligible to claim as revenue expenditure u/s. 37(1) of the Act. Our conclusion further gets support from the order of Mohan Spg. Mills 2013 (11) TMI 113 - ITAT CHANDIGARH It is also relevant to mention that in the case of NCS Distilleries P. Ltd. 2014 (9) TMI 1160 - ITAT HYDERABAD held that the amount of advance in the course of business which become irrecoverable is deductable or allowable as business expenditure/loss.

Summary

Issues involved:
The issues involved in the judgment are the jurisdiction of the order passed by the Joint Commissioner of Income Tax, the limitation of the impugned order, disallowance of advances (Input Cenvat Credit), and the validity of notices issued under the Income Tax Act.

Jurisdiction of Order:
The appeal was filed against the order of Dispute Resolution Panel-2, New Delhi dated 21.05.2019 for AY 2015-16, questioning the jurisdiction of the order passed by the Joint Commissioner of Income Tax, Special Ranged.

Limitation of Order:
The grounds raised by the assessee included challenging the impugned order on the basis of being barred by limitation and being bad in law, which were dismissed as not pressed by the assessee.

Disallowance of Advances:
The main contention revolved around the disallowance of advances (Input Cenvat Credit) amounting to Rs. 91,81,394/-, which the appellant was directed to write off by the service tax department. The assessee argued for the allowance of this write-off as a business expenditure, citing relevant case law and the nature of the expenses.

Validity of Notices:
The validity of notices issued under sections 274 and 271(1)(c) of the Income Tax Act alleging furnishing of inaccurate particulars of income was also challenged by the assessee.

Decision on Disallowance of Advances:
After considering submissions, the Tribunal noted that the Assessing Officer disallowed the claim on the grounds that it did not qualify as an allowable expense under sections 36 or 37 of the Act. However, the Tribunal found that the write-off of advances was allowable as a business expenditure under section 37(1) of the Act, meeting the necessary conditions for deduction. The Tribunal relied on case law and factual evidence to support its decision, ultimately allowing ground no. 3 of the assessee.

Conclusion:
The Tribunal partially allowed the appeal of the assessee, specifically on the disallowance of advances, holding that the input cost was revenue in nature and eligible to be claimed as revenue expenditure under section 37(1) of the Act. The order was pronounced in the open court on 16.06.2023.