1983 (10) TMI 89 - AT - Income Tax

Summary

Issues Involved:

1. Treatment of Interest for Broken Period on Purchase and Sale of Securities.
2. Valuation of Securities and Treatment of Notional Profit.
3. Valuation of Perquisites u/s 40A(5).
4. Applicability of Section 44C for Head Office Expenses.
5. Deductibility of Proportionate Expenses u/s 20.
6. Treatment of Club Membership Subscription Fees.
7. Taxability of Interest Credited to Suspense Account.
8. Deductibility of Loss of Currency Notes.

Summary:

1. Treatment of Interest for Broken Period on Purchase and Sale of Securities:

The assessee, a non-resident banking company, claimed deduction for interest paid for the broken period on the purchase of securities as a revenue expense. The department disallowed this, treating it as a capital expense. The Tribunal upheld the Commissioner (Appeals)'s decision that the consistent accounting practice followed by the assessee, which reflected true profits, should be accepted. The Tribunal noted, "the method formerly followed by the assessee up to and including the assessment year 1973-74 was not erroneous and was reflecting the true profits of the business carried on by it."

2. Valuation of Securities and Treatment of Notional Profit:

The assessee valued securities at the end of each year and offered the notional profit for taxation. The department introduced complications by taxing the notional profit while disallowing the deduction for broken period interest. The Tribunal agreed with the Commissioner (Appeals) that the method followed by the assessee should be accepted, stating, "we are convinced that there is no need at all to depart from the method of revaluing the stock as adopted by the assessee and accepted by the department for several years."

3. Valuation of Perquisites u/s 40A(5):

The assessee argued that perquisites related to accommodation and cars should be valued as per Rule 3. The Tribunal upheld the department's method based on actual expenses instead of Rule 3, but reduced the estimate for car perquisites from Rs. 60,000 to Rs. 42,000, acknowledging the assessee's estimate as fair.

4. Applicability of Section 44C for Head Office Expenses:

The Tribunal upheld the Commissioner (Appeals)'s decision that Section 44C, introduced with effect from 1-6-1976, should apply only to expenses incurred after that date. The Tribunal agreed with the direction to ascertain the nature of Rs. 14,89,085 and decide accordingly.

5. Deductibility of Proportionate Expenses u/s 20:

The Tribunal upheld the Commissioner (Appeals)'s decision that proportionate expenses for computing income under the head 'Interest on securities' should not be considered for restriction under Section 40A(5), following the Tribunal's earlier decision in favor of the assessee.

6. Treatment of Club Membership Subscription Fees:

The Tribunal upheld the Commissioner (Appeals)'s decision to exclude club membership subscription fees paid for employees from the computation of disallowance under Section 40A(5), consistent with the Tribunal's earlier decision in the assessee's favor.

7. Taxability of Interest Credited to Suspense Account:

The Tribunal upheld the Commissioner (Appeals)'s decision that interest on loans credited to the suspense account due to doubtful recovery should not be taxed, following the Tribunal's earlier decision and supported by other High Court decisions.

8. Deductibility of Loss of Currency Notes:

The Tribunal upheld the Commissioner (Appeals)'s decision allowing the loss of currency notes valued at Rs. 89,206 as a deductible expense, recognizing it as a revenue loss arising in the ordinary course of business.

Conclusion:

The assessee's appeal was partly allowed, and the departmental appeal was dismissed.