2006 (1) TMI 203 - AT - Income Tax

Summary

Issues:
1. Disallowance under section 35(1)(iv) for lack of evidence of machinery use in R&D program
2. Disallowance of guarantee commission to directors
3. Disallowance of sales promotion expenses
4. Disallowance of telephone and vehicle expenses for non-business purposes

Analysis:
1. The first issue pertains to the disallowance under section 35(1)(iv) for the lack of evidence that the machinery was used in an R&D program. The Tribunal found that this issue had been previously discussed in the assessee's own case for other assessment years, where the Department's grounds were dismissed. Following the precedent, the Tribunal upheld the order in favor of the assessee.

2. The second issue involves the disallowance of guarantee commission to directors of the company. The Tribunal noted that this issue was also covered in the assessee's favor in a previous order. The Tribunal upheld the impugned order based on the precedent set in the earlier case, where the guarantee commission was held to be deductible.

3. The third issue concerns the disallowance of a portion of sales promotion expenses. The Assessing Officer (AO) disallowed a portion of the expenses based on an increase in expenses compared to the previous year and his opinion that certain expenses were unnecessary. However, the Tribunal found that the AO had made the addition based on conjecture and without sufficient evidence to disprove the expenses claimed. The Tribunal held that the AO's reasoning was untenable and that the expenses were genuine and necessary for the business. Therefore, the Tribunal upheld the deletion of the disallowance by the CIT(A).

4. The final issue relates to the disallowance of telephone and vehicle expenses for non-business purposes. The Tribunal referred to a previous order in the assessee's own case for another assessment year, where it was held that no disallowance could be made for personal use of facilities by directors as the company is a separate legal entity. Following this precedent, the Tribunal upheld the impugned order regarding the deletion of disallowance on this ground.

In conclusion, the Tribunal dismissed the Revenue's appeal, upholding the orders passed by the CIT(A) in favor of the assessee on all the issues raised in the appeal.