2001 (3) TMI 270 - AT - Income Tax

Summary

Issues:
1. Treatment of expenditure as pre-operative expenses
2. Allowance of deduction for certain expenses
3. Levy of interest under sections 234B and 234C of the Act

Analysis:

Issue 1: Treatment of Expenditure as Pre-operative Expenses
The appeals were filed by the assessee, a limited company, challenging the Commissioner of Income-tax (Appeals) decision upholding the Assessing Officer's treatment of the entire expenditure claimed as deduction as pre-operative expenses. The assessee argued that the expenses were incurred for setting up an industrial unit to manufacture sewing machine needles, which required capital and diversification of activities. The company had been engaged in bill discounting, financial activities, and consultancy services for years. The authorities had not allowed any expenses related to income-earning activities and administrative expenses not connected to the new unit. The Tribunal found merit in the assessee's claim, noting that expenses unrelated to the new unit were allowable deductions. The AO was directed to allow the claimed expenses.

Issue 2: Allowance of Deduction for Certain Expenses
The dispute centered on whether certain expenses incurred by the company, apart from those capitalized for the new unit, were allowable deductions. The Tribunal observed that the company had a history of earning income from bill discounting and investments, with expenses being allowed and taxed accordingly. The expenses not related to the new unit but essential for the company's normal functioning and compliance with statutory requirements were deemed allowable deductions. The Tribunal directed the AO to allow the deduction of these expenses as claimed by the assessee.

Issue 3: Levy of Interest under Sections 234B and 234C of the Act
The Tribunal considered the levy of interest under sections 234B and 234C of the Act in light of the directions given regarding the deduction of expenses. The decision on interest levy was to be made in accordance with the Tribunal's directions while implementing the order. The appeals were partly allowed based on the Tribunal's findings regarding the treatment of expenses and the allowance of deductions.

In conclusion, the Tribunal upheld the assessee's claim for deduction of certain expenses not related to the new unit, directed the AO to allow these deductions, and considered the levy of interest under sections 234B and 234C in line with the Tribunal's directions on expense deductions.