2018 (4) TMI 188 - AT - Income Tax

Write off the entire amount on CWIP - Treat the CWIP as a revenue expenditure as the write off was made on the ground of commercial expediency - CIT- A dismissed the claim solely on the ground that CWIP was disallowed in the return filed by the assessee - Held that - High Court in the case of C.I.T Chennai Vs. Abhinitha Foundations (P.) Ltd. (2017 (6) TMI 604 - MADRAS HIGH COURT) and Ramco Cements Ltd. Vs. DCIT (2014 (11) TMI 447 - MADRAS HIGH COURT) held even if a claim made by assessee- company does not form part of original return or even revised return, it can still be considered by AO as well as appellate authorities in case relevant material is available on record. Thus the issue is remitted back to the file of ld. Assessing Officer for a fresh examination. The AO after giving due opportunity to the assessee would decide this issue in accordance with law.

Summary

Issues:
1. Disallowance of promotional expenditure related to Auto Expo 2010.
2. Disallowance of Capital Work in Progress (CWIP) expenses.

Analysis:
1. Promotional Expenditure Disallowance:
The assessee, a subsidiary of a French company, engaged in services to the parent company and decided to manufacture cars in India. The Assessing Officer disallowed promotional expenses related to Auto Expo 2010. The Commissioner of Income-tax (Appeals) upheld the disallowance. The Tribunal noted that the promotional expenditure was in line with the Service Agreement between the parties, covering activities like participating in exhibitions and trade fairs. The expenses were compensated by the parent company, and the Transfer Pricing Officer accepted the transactions. Thus, the disallowance was deemed unwarranted, and the addition was deleted.

2. CWIP Expenses Disallowance:
The assessee wrote off CWIP expenses of a substantial amount due to a change in plans regarding setting up a manufacturing plant. The Assessing Officer did not address this claim, and the Commissioner dismissed it based on the return filed by the assessee. The Tribunal, following relevant court decisions, remitted the issue back to the Assessing Officer for a fresh examination, emphasizing that even if a claim is not part of the original or revised return, it can be considered if relevant material is available. The appeal was partly allowed for statistical purposes.

This judgment highlights the importance of aligning expenses with agreements and the need for a thorough examination of claims by tax authorities. The Tribunal's decision to remit the CWIP expenses issue for reevaluation underscores the significance of due process and consideration of all available material in tax assessments.