2022 (2) TMI 335 - AT - Income Tax

Disallowance of CME Free goods expenses - AO noticed that the most of the expenses pertain to gifts, hospitality, cash or monetary grants by the assessee company to the medical Practitioners or other professionals - HELD THAT - Regulations of MCI and also the Circular of the CBDT were not applicable for the relevant year. Hence, the assessee gets remission for the instant Assessment Year. Appeal of the assessee on this ground is allowed. Disallowance interest on delayed payment of service tax - CIT(A) held that similar to the interest paid on delayed payment of TDS, the interest paid on delayed payment of Service Tax also cannot be treated for the purpose of business - HELD THAT - We find that the observation of the ld. CIT(A) is on a misplaced interpretation of the provisions of the Act. It is well settled principle that interest on late payment of Service Tax is not penal in nature. Since, it is compensatory in nature, it is eligible for deduction u/s. 37(1) of the Act as it can be termed to be expended wholly and exclusively for the business purpose and the payment of interest on late remittance of Service Tax is neither an offence nor prohibited by law. In the result, the appeal of the assessee on this ground is allowed.

Summary

Issues:
1. Disallowance of CME & Free goods expenses
2. Disallowance of interest on delayed payment of service tax

Analysis:

Issue 1: Disallowance of CME & Free goods expenses
The appellant challenged the order of the ld. CIT(A) regarding the disallowance of expenses incurred towards CME program and interest on delay in payment of service tax. The Assessing Officer disallowed a substantial amount based on the expenses related to gifts, hospitality, and monetary grants to medical practitioners, citing MCI regulations and CBDT circular. The ld. CIT(A) partially allowed the appeal, distinguishing between expenses for sponsorship of events and provision of books for hospitals. The Tribunal noted that the MCI regulations and CBDT circular were not applicable for the relevant year, granting relief to the assessee for the Assessment Year. The appeal was allowed on this ground.

Issue 2: Disallowance of interest on delayed payment of service tax
The AO disallowed interest on delayed payment of service tax, considering it penal in nature. The ld. CIT(A) upheld the disallowance, equating service tax collection to TDS collection and deeming interest on delayed payment not eligible for deduction under section 37(1) of the Income Tax Act. However, the Tribunal disagreed with this interpretation, stating that interest on late payment of Service Tax is compensatory and hence deductible under section 37(1) as it serves a business purpose and is not penal in nature. The appeal of the assessee was allowed on this ground, overturning the decision of the ld. CIT(A).

In conclusion, the Tribunal allowed the appeal of the assessee concerning both issues, providing relief on the disallowance of CME & Free goods expenses and interest on delayed payment of service tax. The judgment highlighted the importance of considering the nature of expenses and the applicability of relevant regulations while determining the admissibility of deductions under the Income Tax Act.