2021 (1) TMI 641 - AT - Income Tax

Depreciation @15% on Bolero Van - claim by the Appellant that it should be totally allowed as an expenditure - Whether CIT-A failed to note that since the vehicle is being used for research and development its entire cost is entitled for 100% deduction u/s.35(1)(iv) - HELD THAT - Respectfully following the above decision in the case of CIT v. Smith Kline French (India) Ltd. 1989 (2) TMI 406 - KARNATAKA HIGH COURT the claim of 100% depreciation under section 35(1)(iv) of the Act stands allowed. Disallowance being the loss on silver futures - assessee has not provided the supporting documents in proof of loss on commodities trading in silver futures - HELD THAT - Loss due to foreign exchange fluctuation in foreign currency transactions in derivatives has to be considered on the last date of accounting year and it is deductible under section 37(1) of the Act. Accordingly, we set aside the orders of authorities below and direct the Assessing Officer to allow the loss claimed by the assessee. Disallowance u/s 14A of the Act r.w. Rule 8D - assessee made non-trade investments - HELD THAT - AO has not stated any exempted income having earned by the assessee in the assessment year under consideration. The ld. Counsel for the assessee has also not filed any details with regard to the quantum of exempt income earned by the assessee. Accordingly, we direct the Assessing Officer to verify as to whether the assessee has earned any exempt income or not and in case, if no exempt income is found, then the Assessing Officer is directed to delete the addition made under section 14A of the Act in view of various decisions including the decision in the case of CIT v. Chettinad Logistics (P) Ltd. 2018 (7) TMI 567 - SC ORDER . Thus, the ground raised by the assessee is allowed for statistical purposes.

Summary

Issues Involved:
1. Depreciation on Bolero Van.
2. Disallowance of loss on Silver futures.
3. Disallowance under Section 14A read with Rule 8D.

Issue-wise Detailed Analysis:

1. Depreciation on Bolero Van:
The assessee claimed 100% depreciation on the Bolero Van used for research and development (R&D) under Section 35(1)(iv) of the Income Tax Act. The Assessing Officer (AO) allowed only 15% depreciation, arguing that the vehicle was not a scientific apparatus or plant & machinery used inside the R&D unit. The Commissioner of Income Tax (Appeals) [CIT(A)] upheld this disallowance. The Tribunal, however, found merit in the assessee's argument, referencing the Karnataka High Court's decision in CIT v. Smith Kline & French (India) Ltd., which allowed 100% depreciation for buses used to transport research personnel. The Tribunal concluded that the Bolero Van, used to transport R&D materials and personnel, qualifies for 100% depreciation under Section 35(1)(iv).

2. Disallowance of Loss on Silver Futures:
The AO disallowed the assessee's claimed loss on silver futures amounting to ?14,46,000, stating that the loss was not substantiated with supporting documents and was not an actual loss but a notional one. The CIT(A) confirmed this disallowance, citing CBDT Instruction No. 03/2010, which treats Marked to Market (MTM) losses as notional and contingent. The Tribunal examined the Supreme Court's ruling in CIT v. Woodward Governor India P. Ltd., which allowed deduction for unrealized foreign exchange losses as an item of expenditure under Section 37(1). The Tribunal also referenced ONGC Ltd. v. CIT, where the Supreme Court allowed similar claims for losses due to foreign exchange fluctuations. Consequently, the Tribunal directed the AO to allow the loss claimed by the assessee.

3. Disallowance under Section 14A read with Rule 8D:
The AO invoked Section 14A read with Rule 8D to disallow ?4,34,924, attributing it to interest costs related to non-trade investments. The CIT(A) remanded the issue back to the AO. The Tribunal noted that the AO had not identified any exempt income earned by the assessee during the relevant assessment year. Citing the Madras High Court's decision in CIT v. Chettinad Logistics (P) Ltd. and the Supreme Court's decision, the Tribunal directed the AO to verify if the assessee earned any exempt income. If no exempt income was found, the AO was instructed to delete the addition under Section 14A.

Conclusion:
The appeal was partly allowed for statistical purposes. The Tribunal allowed 100% depreciation on the Bolero Van, directed the AO to allow the loss on silver futures, and instructed verification of exempt income for disallowance under Section 14A.