1997 (9) TMI 135 - AT - Income Tax

Summary

Issues:
1. Application of section 37(3A) in respect of insurance of vehicles and vehicle tax.
2. Sustenance of disallowance under rule 6-B.
3. Disallowance of commission paid to various parties.
4. Disallowance of consultation fees.
5. Disallowance of bad debt.
6. Disallowance under section 43B.
7. Disallowance of depreciation.
8. Interest charged under section 215.
9. Expenses of repairs of vehicles.
10. Deduction of liquidated damages.
11. Exclusion of addition under section 43B for computation of interest.

Analysis:

1. The first issue involves the application of section 37(3A) concerning insurance of vehicles and vehicle tax. The Tribunal upheld a 20% disallowance on vehicle tax under section 37(3A) as it was considered akin to maintenance of a car. However, the disallowance under section 37(3A) did not apply to insurance of vehicles based on relevant court decisions. The appeal on this ground was partly allowed.

2. The second issue pertains to the sustenance of disallowance under rule 6-B. The Tribunal allowed the appeal as it found no justification for applying rule 6B when the presented articles did not advertise the assessee's name or products. The ground was allowed in favor of the assessee.

3. The third issue concerns the disallowance of commission paid to various parties. The Tribunal decided to restore the matter back to the file of the CIT(A) for reconsideration based on a previous year's decision. The ground was allowed for statistical purposes.

4. The fourth issue involves the disallowance of consultation fees. The Tribunal rejected the appeal as no evidence was produced to establish that the payment was made for any business purpose. The disallowance was upheld.

5. The fifth issue relates to the disallowance of a bad debt. The Tribunal decided to restore the matter back to the file of the CIT(A) for proper ascertainment of facts, considering the correspondence between the assessee and the debtor. The ground was allowed for statistical purposes.

6. The sixth issue concerns the disallowance under section 43B. The Tribunal decided to restore the matter back to the Assessing Officer for verification of the payment date before the due date of filing the return of income. The matter was to be re-examined by the AO.

7. The seventh issue involves the disallowance of depreciation. The Tribunal allowed the appeal, stating that the assessee was entitled to claim depreciation on machinery installed during the extended period. The order of the CIT(A) disallowing the depreciation was overturned.

8. The eighth issue pertains to interest charged under section 215. The Tribunal allowed the ground based on unforeseen additions/disallowances, following a precedent decision. The ground was allowed in favor of the assessee.

9. The Revenue's appeal raised multiple grounds, including expenses of repairs of vehicles, deduction of liquidated damages, and exclusion of an addition under section 43B for computation of interest. The Tribunal upheld the decisions of the CIT(A) on these grounds, based on relevant court decisions and factual findings. The appeal was partly allowed for statistical purposes.