1980 (8) TMI 115 - AT - Income Tax

Issues Involved:

1. Disallowance under Section 40A(b) of the IT Act.
2. Disallowance of business development expenses.
3. Disallowance of car expenses.
4. Depreciation on the car.
5. Weighted deduction under Section 35B.
6. Loss on the sale of machinery.

Issue-wise Detailed Analysis:

1. Disallowance under Section 40A(b) of the IT Act:
The CIT (A) sustained a disallowance of Rs. 4,601 by invoking the provisions of Section 40A(b). The ITO disallowed this amount out of the interest paid by the assessee to M/s A. Duggal & Co., considering it as not applicable under Section 40A(b). However, the Tribunal referred to its earlier decision for the assessment year 1976-77, where a similar disallowance was deleted. Respectfully following this order, the Tribunal deleted the addition of Rs. 4,601.

2. Disallowance of Business Development Expenses:
The assessee claimed an expenditure of Rs. 26,417 for holding conferences, which included various costs such as hall hire, transportation, and refreshments. The ITO disallowed Rs. 5,000, considering it as entertainment expenditure. The CIT (A) allowed Rs. 1,000 and confirmed the disallowance of Rs. 4,000. The Tribunal, referring to the judgment in Addl. CIT, A.P. vs. Meddi Venkataratnam & Co. Ltd., held that such expenses for encouraging export business are admissible under Section 37(1) of the IT Act. Consequently, the Tribunal deleted the addition of Rs. 4,000.

3. Disallowance of Car Expenses:
The ITO disallowed Rs. 3,000 out of car expenses. The Tribunal, referring to its earlier order for the assessment year 1976-77, held that there should be no disallowance for a company's car expenses. Respectfully following the earlier order, the Tribunal deleted the disallowance of Rs. 3,000.

4. Depreciation on the Car:
In view of the deletion of disallowance on car expenses, the Tribunal directed that full depreciation should be allowed on the car.

5. Weighted Deduction under Section 35B:
The assessee claimed weighted deduction on various expenditures related to export activities. The ITO allowed partial deductions, while the CIT (A) allowed further deductions on some items. The Tribunal analyzed the following sub-issues:

- Foreign Travelling Expenses: The ITO allowed weighted deduction on Rs. 31,776 but disallowed Rs. 46,298, considering it for securing machinery. The CIT (A) allowed 50% of Rs. 46,298. The Tribunal, noting that no part of this expenditure was disallowed in the assessment, directed that weighted deduction should be allowed on the entire expenditure of Rs. 46,298.

- Salaries: The ITO did not allow any weighted deduction on Rs. 50,186 claimed for salaries of staff exclusively handling export business. The CIT (A) allowed 50%. The Tribunal, following a Special Bench order, directed that weighted deduction should be allowed on 75% of the expenditure.

- Rent: The ITO disallowed any deduction on Rs. 12,000 claimed for rent. The CIT (A) allowed 50%. The Tribunal, following the Special Bench order, upheld the CIT (A)'s decision to allow weighted deduction on 50% of the expenditure.

6. Loss on the Sale of Machinery:
The ITO disallowed a loss of Rs. 15,034 on the sale of machinery, suspecting it as an arranged sale to reduce tax. The CIT (A) allowed the loss, finding no evidence of deliberate undervaluation. The Tribunal upheld the CIT (A)'s decision, noting that the transaction involved Maharashtra State Finance Corporation, a government institution, and there was no material to suggest an arranged sale.

Conclusion:
The Tribunal allowed the assessee's appeal in part, deleting several disallowances and directing full depreciation on the car, while dismissing the Revenue's appeal, thereby upholding the CIT (A)'s decisions on the issues of weighted deduction and loss on the sale of machinery.

← Previous Next →