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2017 (5) TMI 1407 - AT - Income TaxExpenditure on issue of debentures - Allowable revenue expenditure - Held that - Rajasthan High Court in the case of CIT v. Secure Meters Ltd. 2008 (11) TMI 66 - HIGH COURT RAJASTHAN fairly concluded that debenture when issued is a loan, and, therefore, whether it is convertible or non-convertible, does not militate against the nature of the debenture, being loan, and therefore the expenditure incurred would be admissible as revenue expenditure. Issue is squarely covered in favour of the assessee. Disallowance of sponsorship charges - Held that - As find that the claim of assessee was denied for want of evidence of the expenditure incurred on account of sponsorship. During the course of hearing, no evidence is filed before the Tribunal, therefore find no infirmity in the order of CIT(Appeals). Accordingly, the order of CIT(Appeals) is confirmed in this regard. - Decided against assessee.
Issues:
1. Disallowance of expenses confirmed by CIT(A) and Assessing Officer. 2. Disallowance of stamp duty on convertible debentures as capital expenditure. 3. Disallowance of sponsorship charges incurred by the assessee. Issue 1: Disallowance of Expenses The assessee appealed against the CIT(A)'s decision to confirm the disallowance of expenses made by the Assessing Officer. The counsel for the assessee argued that the expenditure incurred in relation to debentures should be considered revenue expenditure based on the judgment of the Hon'ble jurisdictional High Court. The Hon'ble Rajasthan High Court's decision was cited, which concluded that debentures, whether convertible or non-convertible, are considered loans and the expenditure incurred is admissible as revenue expenditure. The SLP filed against this judgment was dismissed by the Hon'ble Supreme Court, thus upholding the decision. The Tribunal found in favor of the assessee, setting aside the CIT(A)'s order and directing the AO to allow the expenditure as revenue. Issue 2: Disallowance of Stamp Duty on Convertible Debentures The CIT(A) confirmed the disallowance of stamp duty on convertible debentures as capital expenditure. The assessee argued that the stamp duty incurred for issuing debentures should be considered an allowable expenditure under section 37 of the Act. The Tribunal referred to various judgments, including the Hon'ble Rajasthan High Court's decision, which established that debentures are considered loans regardless of convertibility, making the expenditure admissible as revenue. The Tribunal set aside the CIT(A)'s decision and directed the AO to allow the expenditure in relation to the issuance of debentures as revenue expenditure. Issue 3: Disallowance of Sponsorship Charges The CIT(A) upheld the disallowance of sponsorship charges incurred by the assessee. The assessee contended that the sponsorship charges were essential for business needs, specifically for promoting the brand through events. However, the revenue authorities disallowed the claim due to lack of evidence provided. The Tribunal found no infirmity in the CIT(A)'s decision as no evidence was presented during the hearing. Consequently, the order of CIT(A) was confirmed regarding the disallowance of sponsorship charges. In conclusion, the appeal of the assessee was partly allowed, with the Tribunal ruling in favor of the assessee regarding the expenditure incurred in relation to debentures but confirming the disallowance of sponsorship charges due to insufficient evidence.
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