1986 (12) TMI 99 - AT - Income Tax

Summary

Issues:
1. Interest levied under section 201 for payments made to various parties.
2. Disallowance of professional charges.
3. Disallowance of car expenses.
4. Claim under section 35B.
5. Addition made for foreign tour expenses.
6. Treatment of subsidy in relation to depreciation, investment allowance, and section 80J.

Analysis:

1. Interest levied under section 201 for payments made to various parties:
The issue revolved around the interest levied under section 201 on payments made to various parties by the assessee. The assessee argued that the payments were part of a composite contract and not solely interest payments. The Department contended that the assessee was obligated to deduct tax at the source on the interest amount. The Tribunal observed that the purpose of tax deduction provisions is to ensure taxes are paid without loss to the Revenue. As the parties receiving the payments had paid taxes on their incomes, there was no loss to the Revenue. Citing precedents, the Tribunal allowed the ground of the assessee.

2. Disallowance of professional charges:
The issue involved the disallowance of professional charges paid by the assessee. The Department disallowed the charges due to a lack of evidence regarding the nature of services rendered. However, the Tribunal noted that there were sufficient evidences, contracts, and past services provided by the payees. As the payees were not examined to establish non-service, the Tribunal allowed the claim of the assessee.

3. Disallowance of car expenses:
This issue was not pressed before the Tribunal and was not further discussed in the judgment.

4. Claim under section 35B:
The CIT(A) set aside the claim under section 35B to follow a Tribunal's decision. The assessee requested a modification to consider other accepted decisions by the Department. The Tribunal modified the direction to include consideration of similar matters accepted by the Department, disposing of the appeal by the assessee.

5. Addition made for foreign tour expenses:
The Department's grievance was regarding the deletion of an addition made for foreign tour expenses. The Tribunal upheld the CIT(A)'s decision based on Reserve Bank permission for the tour and detailed reports of meetings held during the tour, emphasizing the exploration of new export avenues.

6. Treatment of subsidy in relation to depreciation, investment allowance, and section 80J:
The issue involved the treatment of subsidy concerning depreciation, investment allowance, and section 80J. The Tribunal held that the subsidy cannot be deducted from the cost of assets for depreciation and investment allowance purposes. However, for section 80J deduction, the subsidy could not be treated as capital reserve until the specified period lapsed. The Tribunal restored the ITO's order on the section 80J issue.

In conclusion, both appeals were partly allowed based on the Tribunal's findings and analysis of the various issues presented before it.