2021 (11) TMI 317 - AT - Income Tax

Nature of receipt - suppliers credit received from various suppliers of aircraft - capital ad revenue receipt - HELD THAT - As decided in own case 2017 (2) TMI 630 - ITAT DELHI the supplier s credit received by the assessee from various suppliers of aircrafts is a capital receipt. Accordingly, ground number 1 of the appeal of the learned assessing officer is dismissed. Whether the above receipt constituted receipt from exploitation of valuable commercial rights and chargeable to tax u/s 28 (iv)? - In view of the above findings of the special bench that credit receives are also not taxable either u/s 28 (i) or u/s 28(iv) of the act we dismiss ground number 2 of the appeal of the learned AO. Disallowance u/s 37 (1) of the lease rent payable - HELD THAT - No disallowance u/s 37 (1) of the lease rent payments could be made. Accordingly, the AO is directed to delete the same. Disallowance u/s 40 a (i) on account of payment of supplementary rent for non-deduction of the tax - HELD THAT - Respectfully following the decision of Tribunal for A.Y. 2007- 2008 which has also been followed in subsequent years, we hold that payment of Supplementary Rent is exempt from tax in hands of Lessors as per provisions of section 10(15A) and hence, disallowance under section 40(a)(i) is not called for. However, the above figure is subject to verification by the AO. Disallowance of supplementary rent for lease agreements executed after 1 April 2007 - HELD THAT - Profits from rental of Aircrafts is taxable only in state of residence of Lessor. We, therefore, find merit in the arguments of the Learned Senior Counsel for the Assessee that as per Articles 12 and 8 of the Tax Treaty with Ireland, profits derived by an enterprise of a contracting State from rental of Aircraft are taxable only in Ireland. Supplementary Rent paid for Lease Agreements executed after 01.04.2007 are, therefore, not chargeable to tax in India. However, the above figure is subject to verification by the A.O.

Summary

Issues Involved:
1. Jurisdiction of CIT(A)
2. Disallowance under Section 37(1) of Lease Rental Payments
3. Disallowance under Section 40(a)(i) for Supplementary Rent
4. Taxability of Supplier Credits
5. Additional Ground on Capital Gains

Issue-wise Analysis:

1. Jurisdiction of CIT(A):
- The assessee argued that the CIT(A) erred in assuming jurisdiction to adjudicate issues not forming part of the grounds of appeal.
- The Tribunal did not specifically dwell on this issue, indicating that the primary focus was on substantive tax matters rather than procedural jurisdictional issues.

2. Disallowance under Section 37(1) of Lease Rental Payments:
- The CIT(A) upheld an ad-hoc disallowance under Section 37(1) for lease rental payments, considering them capital in nature due to amortized credits.
- The Tribunal, following the Special Bench decision for AY 2012-13, reversed the CIT(A)'s decision, holding that the lease rental payments are not capital expenditures and thus allowable under Section 37(1).

3. Disallowance under Section 40(a)(i) for Supplementary Rent:
- The CIT(A) upheld the disallowance of supplementary rent under Section 40(a)(i) due to non-deduction of TDS.
- For agreements executed before 01 April 2007, the Tribunal held that such payments are exempt under Section 10(15A) and thus not liable for TDS, following the Special Bench decision.
- For agreements executed after 01 April 2007, the Tribunal applied Article 12 of the DTAA between India and Ireland, concluding that supplementary rent is not taxable in India, thus no TDS is required.

4. Taxability of Supplier Credits:
- The CIT(A) treated supplier credits as capital receipts, not revenue receipts, following earlier Tribunal decisions.
- The Tribunal reaffirmed this, holding supplier credits as capital receipts, not taxable as revenue income under Section 28(iv).

5. Additional Ground on Capital Gains:
- The AO raised an additional ground that if supplier credits are capital receipts, they should be taxed as capital gains.
- The Tribunal, following the Special Bench decision, held that there is no sale consideration received by the assessee for the transfer of capital assets, thus no capital gains tax is applicable.

Separate Judgments by Judges:
- The judgment does not indicate separate judgments by the judges, implying a unanimous decision by the bench.

Summary:
The Tribunal addressed multiple issues regarding the tax treatment of lease rental payments, supplementary rent, and supplier credits. It consistently followed the precedent set by the Special Bench for AY 2012-13, providing detailed reasoning for each issue. The Tribunal concluded that lease rental payments are allowable under Section 37(1), supplementary rent is not subject to TDS under Section 40(a)(i) due to DTAA provisions, and supplier credits are capital receipts not taxable under Section 28(iv) or as capital gains. The decisions were unanimous, reflecting a coherent application of legal principles and precedents.