2010 (2) TMI 44 - HC - Income Tax

Deduction u/s 80 IA, Nature of Expenditure incurred Deduction u/s 43B - interest received on letters of credit and bank guarantee money - the interest earned on deposits, under sales tax rules, in Kisan Vikas Patras, interest received on income-tax refund as also the interest received on inter-corporate deposits held that - Interest is not eligible for deduction uner section 80 I decision in the matter of Commissioner of Income-tax v. Sriram Honda Power 2008 -TMI - 2891 - HIGH COURT, DELHI followed. the expenditure directly connected with the purchase of the plant and machinery and, therefore, the same was to be treated as capital expenditure addition of excise duty paid into closing stock decision of of the Supreme Court in the case of Berger Paints India Ltd v. Commissioner of Income-tax 2008 -TMI - 6139 - SUPREME Court , Calcutta followed for verification of adjustment of excise duty in the opening stock and closing stock to avoid double taxation, matter remanded to AO

Summary

Issues:
1. Deduction claimed under Section 80-I of the Income-tax Act, 1961.
2. Treatment of travelling expenses as capital expenditure.
3. Deduction claimed under Section 43-B of the Income-tax Act, 1961.

Analysis:

1. The appellant contested the deduction claimed under Section 80-I of the Income-tax Act, 1961, on various interest earnings. The High Court noted that similar issues had been decided against the assessee in a previous case. Referring to Commissioner of Income-tax v. Sriram Honda Power Equip, the court upheld the Tribunal's decision against the assessee, stating that these issues no longer stand and the Tribunal's decision was correct.

2. The second issue involved the treatment of travelling expenses related to the purchase of plant and machinery. The Assessing Officer treated these expenses as capital expenditure, a decision upheld by the Commissioner of Income-tax (Appeals) and the Income-tax Appellate Tribunal. The court found no reason to interfere with this decision, as the expenses were directly linked to the purchase of assets.

3. The third issue revolved around the deduction claimed under Section 43-B of the Income-tax Act, 1961. Initially disallowed by the Assessing Officer, it was later allowed by the Commissioner of Income-tax (Appeals) and confirmed by the Tribunal. Citing the decision in Berger Paints India Ltd v. Commissioner of Income-tax, Calcutta, the Tribunal concluded that the deduction was valid. However, a rectification application was filed, contesting the treatment of excise duty on closing stock. The court directed the Assessing Officer to verify if the excise duty had been loaded on the closing stock, stating that adjustments may be needed based on this verification.

In conclusion, the High Court disposed of the appeal based on the issues discussed, affirming some decisions while directing further verification by the Assessing Officer for specific matters related to excise duty treatment.