1999 (10) TMI 95 - AT - Income Tax

Issues Involved:
1. Addition of Rs. 66,71,666 in respect of increase in the value of closing stock on account of excise duties payable on manufactured goods.
2. Calculation of perquisite value of cars provided to directors.
3. Exclusion of notional interest receivable on account of interest-free deposits with landlords.
4. Inclusion of certain expenses as perquisites for directors.
5. Disallowance of certain travelling and other expenses.
6. Rejection of claim for deduction under s. 80HHC of the IT Act.
7. Addition of Rs. 5,57,616 as scrap stock.
8. Disallowance of Rs. 15,989 out of gratuity payment.
9. Disallowance of salary expenditure of Rs. 45,000 paid to a director.
10. Disallowance of legal expense provision of Rs. 2.75 lakhs.
11. Disallowance of Rs. 52,472 and Rs. 3,00,000 out of repairs to buildings.
12. Ad hoc addition of Rs. 17,00,000 on account of various expenses.

Issue-wise Detailed Analysis:

1. Addition of Rs. 66,71,666 in respect of increase in the value of closing stock on account of excise duties payable on manufactured goods:
The AO included excise duty payable on uncleared goods in the valuation of the closing stock. The CIT(A) deleted the addition, following previous orders for the assessment years 1985-86 and 1986-87. The Tribunal affirmed the CIT(A)'s order, noting that excise duty is a future event and should not be included in the valuation of the closing stock.

2. Calculation of perquisite value of cars provided to directors:
The AO estimated the value of perquisites for cars provided to directors due to the absence of relevant figures. The CIT(A) directed the AO to value the perquisites in accordance with Rule 3(c)(ii) of the IT Rules. The Tribunal affirmed the CIT(A)'s order, as the issue was covered in favor of the assessee by previous Tribunal orders.

3. Exclusion of notional interest receivable on account of interest-free deposits with landlords:
The AO treated notional interest on interest-free deposits with landlords as perquisites for directors/employees. The CIT(A) held that this action could not be sustained as house rent was already included as a perquisite. The Tribunal agreed with the CIT(A), citing judicial decisions that notional interest on deposits could not be treated as a perquisite under s. 40(c) or s. 40A(5) of the IT Act.

4. Inclusion of certain expenses as perquisites for directors:
The AO included medical expenses, club expenditure, gas, electricity, water charges, and telephone expenses as perquisites for directors. The CIT(A) upheld the inclusion of telephone expenses but did not address the other expenses. The Tribunal restored the matter to the CIT(A) for a fresh decision on the other expenses and upheld the AO's action regarding telephone expenses, stating it was reasonable.

5. Disallowance of certain travelling and other expenses:
The AO made an ad hoc disallowance of Rs. 2 lakhs for non-verification of disallowance under Rule 6D and Rs. 4,86,109 for other expenses. The CIT(A) confirmed these disallowances. The Tribunal deleted the disallowance of Rs. 2 lakhs, following previous Tribunal orders, and also deleted the disallowance of Rs. 4,86,109, citing the Calcutta High Court decision in Vidyut Metallics Ltd.

6. Rejection of claim for deduction under s. 80HHC of the IT Act:
The AO rejected the claim for deduction under s. 80HHC as the audit report was not filed with the return. The CIT(A) upheld this decision. The Tribunal set aside the orders of the authorities below, holding that filing the audit report along with the return is procedural and can be furnished during assessment proceedings.

7. Addition of Rs. 5,57,616 as scrap stock:
The AO added Rs. 5,57,616 as the value of closing stock of scrap. The CIT(A) upheld this addition but directed the AO to value the opening stock similarly. The Tribunal found no justification for not accepting the consistent method followed by the assessee and decided the issue in favor of the assessee.

8. Disallowance of Rs. 15,989 out of gratuity payment:
The AO disallowed Rs. 15,989 out of the gratuity payment for lack of evidence. The CIT(A) confirmed this disallowance. The Tribunal deleted the disallowance, accepting the assessee's claim on its face value due to the large scale of business.

9. Disallowance of salary expenditure of Rs. 45,000 paid to a director:
The AO disallowed Rs. 45,000 paid as commission to a director, stating it related to a previous year. The CIT(A) upheld this disallowance. The Tribunal set aside the orders and restored the matter to the CIT(A) for a fresh decision, noting that the liability crystallized in the year under consideration.

10. Disallowance of legal expense provision of Rs. 2.75 lakhs:
The AO disallowed a provision of Rs. 2.75 lakhs for legal expenses for lack of bills. The CIT(A) upheld this disallowance. The Tribunal agreed with the CIT(A) but directed the AO to allow the deduction in the year the bills are received.

11. Disallowance of Rs. 52,472 and Rs. 3,00,000 out of repairs to buildings:
The AO disallowed Rs. 52,472 as capital expenditure and made an ad hoc disallowance of Rs. 3 lakhs for lack of details. The CIT(A) upheld these disallowances. The Tribunal upheld the disallowance of Rs. 52,472 but directed the AO to allow depreciation on the Rs. 3 lakhs.

12. Ad hoc addition of Rs. 17,00,000 on account of various expenses:
The AO made an ad hoc disallowance of Rs. 17 lakhs for lack of details and vouchers. The CIT(A) upheld this disallowance. The Tribunal restricted the disallowance to Rs. 10 lakhs, considering the volume of business and other relevant factors.

Conclusion:
The Department's appeal was dismissed, and the assessee's appeal was partly allowed to the extent indicated in the detailed analysis.

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