2009 (4) TMI 516 - HC - Income Tax

Whether expenditure for earning dividend income cannot be estimated therefore, cannot be disallowed while computing book profits and also under the normal provisions of the Income-tax Act - Held that - certain administrative expenses are required to be incurred to keep track of receipt and accruals of dividend income and accordingly, it is not possible to accept that no expenditure has been incurred out of the dividend income, assessee has earned dividend income only from three companies. There is no fact of having incurred any expenditure for the purpose of earning the dividend income. The disallowance is misconceived and the same is deleted in the light of the same order Whether Tribunal was right in allowing under section 43B of the Income-tax Act the unpaid customs duty and excise duty including in the closing stock Whether, on the facts and in the circumstance of the case and in law, the hon ble Tribunal was right in confirming the direction given by the Commissioner of Income-tax (Appeals) to the Assessing Officer to allow, for the purpose of computation of book profits under section 115JA of the Income-tax Act, the deduction under section 80HHC on the basis of profits and gains as computed under Chapter IV of the Income-tax Act and not on the basis of book profit under section 115JA ? - Whether, on the facts and in the circumstance of the case and in law, the hon ble Tribunal was right in holding that pre-operative expenses and trial run expenses that have been capitalised in the books of account of the assessee-company is revenue expenditure ? - Appeal admitted on the issue of question of law.

Summary

Issues:
1. Whether expenditure for earning dividend income can be estimated and disallowed while computing book profits and under the Income-tax Act?
2. Whether disallowance of payments made towards provident fund and superannuation fund claimed in a different assessment year is valid?
3. Whether deduction under section 43B of the Income-tax Act for unpaid customs duty and excise duty in closing stock is permissible?
4. Whether sales tax incentive is considered a capital receipt?
5. Whether deduction under section 80HHC should be based on profits computed under Chapter IV or book profit under section 115JA?
6. Whether pre-operative and trial run expenses capitalized in the books are revenue expenditure?

Analysis:
1. The issue regarding estimating and disallowing expenditure for earning dividend income was dismissed as a finding of fact by the Income-tax Appellate Tribunal, stating no expenditure was incurred for earning dividend income. Thus, the question did not arise.

2. The judgment referred to a Supreme Court case to answer the question related to deduction under section 43B of the Income-tax Act for unpaid customs and excise duty in closing stock, indicating the question did not arise.

3. The Tribunal's decision on sales tax incentive being a capital receipt was supported by a detailed analysis of the subsidy scheme's purpose to encourage setting up industries in backward areas. Applying the purpose test, it was concluded that the subsidy was on capital account, rendering the question irrelevant.

4. The judgment admitted the appeal only on questions related to disallowance of payments towards provident fund and superannuation fund, computation of book profits under section 115JA, and the classification of pre-operative and trial run expenses as revenue expenditure. These issues were considered for further review and analysis.