2012 (5) TMI 237 - AT - Income Tax

Bad debts or business loss - advances to sister concern - Except the sum of Rs.23.70 lakh which the assessee wrote off in the instant year, the remaining amount was collected. - held that - Obviously this amount cannot be considered as bad debt deductible u/s 36(1)(vii) in view of the fact that the condition laid down u/s 36(2) being the recognition of income from such debt in the same or an earlier year, is not satisfied. - As this debt did not arise out of any sale made by the assessee, cannot also be claimed as bad debt. The assessee advanced the said sum to its sister-concern only and that too in the nature of loan and not as a trading advance. If a part of the same is not recovered, that does not become business loss. - Decided against the assessee. Reassessment u/s 147 - fresh claim of depreciation u/s 32 - held that - The claim for deductions, if any, can be entertained in the reassessment proceedings only in respect of those items of income which are the subject matter of addition in the assessment u/s 147. Adverting to the facts of the instant case it is observed that the claim for depreciation u/s 32 is independent of and unconnected with the items of income added by the A.O. in assessment u/s 143(3) r.w.s. 147. As such this deduction cannot be allowed. - Decided against the assessee. However relief granted to assessee, that if the depreciation allowance is not to be actually allowed then the written down of the assets, which was reduced by claiming depreciation should be accordingly increased, subject to verification by AO. Deduction u/s 80IA - Exemption u/s 10(23G) in respect of any income by way of dividend, interest or long term capital gains of an infrastructure capital fund or an infrastructure capital company or investment made by way of shares or long term finance in any enterprise carrying on the business of developing, maintaining and operating any infrastructure facility, which fulfils the conditions specified in sub-section (4A) of section 80-IA. - shares purchased prior to the introduction of this provision are ineligible for the benefit. - held that - there is no logic in denying the exemption u/s 10(23G) in respect of the shares which were purchased on 31.01.1996. We have noticed above that the exemption under this provision is available on income resulting from the transfer of shares and not from the purchase of shares. If the eligible shares as sold in the relevant period, exemption cannot be denied simply on the ground that such shares were purchased in 1996. - Decided in favor of assessee. Inter corporate deposits - dis allowance of interest - held that - if there are interest free funds available with the assessee sufficient to meet its investment and at the same time loan has been raised it can be presumed that the investments were from interest free funds and resultantly no disallowance of interest can be made.

Issues Involved:
1. Disallowance of Dassara pooja expenses.
2. Disallowance of sports club expenditure.
3. Disallowance of contribution to Death Benevolent Fund/Scheme.
4. Disallowance of advertisement expenses.
5. Disallowance under Section 14A of the Act.
6. Claim of loss due to exchange rate fluctuation.
7. Addition to the value of closing stock for unutilized Modvat credit.
8. Allowance of unabsorbed business loss, depreciation, and investment allowance of amalgamating companies.
9. Deduction under Section 80HHC.
10. Deduction under Section 80-I/80-IA.
11. Deduction under Section 80-O.
12. Deletion of disallowance of Co-operative society expenses.
13. Deletion of disallowance of club expenses.
14. Deduction of expenditure on ISO certification.
15. Deletion of addition of expenses from Global Depository Receipts issue.
16. Initiation of reassessment proceedings.
17. Confirmation of addition of unutilized Modvat credit to the closing stock.
18. Deduction for bad debt.
19. Addition of trade advance unrecovered written off.
20. Disallowance of depreciation.
21. Confirmation of disallowance of interest on interest-free loan advanced to sister concerns.
22. Deletion of disallowance of guest house expenses and depreciation.
23. Eligibility for exemption under Section 10(23G).

Issue-wise Detailed Analysis:

1. Disallowance of Dassara pooja expenses:
The Tribunal allowed the assessee's appeal against the disallowance of Dassara pooja expenses of Rs.21,91,523, following the decision for the assessment year 1998-99.

2. Disallowance of sports club expenditure:
The Tribunal allowed the assessee's appeal against the disallowance of sports club expenditure of Rs.1,64,925, following the decision for the assessment year 1998-99.

3. Disallowance of contribution to Death Benevolent Fund/Scheme:
The Tribunal restored the matter to the file of the Assessing Officer (A.O.) with a direction to allow the deduction on an actual payment basis, following the decision for the assessment year 1998-99.

4. Disallowance of advertisement expenses:
The Tribunal directed the A.O. to allow the expenditure in full, with a direction to reduce the relief by the amount of depreciation allowed, following the decision for the assessment year 1998-99.

5. Disallowance under Section 14A of the Act:
The Tribunal set aside the impugned order and restored the matter to the file of the A.O. for computing the disallowance under Section 14A in accordance with the directions contained in the order for the assessment year 1998-99.

6. Claim of loss due to exchange rate fluctuation:
The ground about the claim of loss due to exchange rate fluctuation of Rs.3,45,02,000 on outstanding foreign currency loans was dismissed as it was not pressed by the assessee.

7. Addition to the value of closing stock for unutilized Modvat credit:
The Tribunal set aside the impugned order and restored the matter to the file of the A.O. for deciding it afresh in accordance with the judgments and the provisions of Section 145A.

8. Allowance of unabsorbed business loss, depreciation, and investment allowance of amalgamating companies:
The Tribunal directed the A.O. to look into this matter and deal with it accordingly, following the decision for the assessment year 1998-99.

9. Deduction under Section 80HHC:
The Tribunal dismissed the ground, following the judgment of the Hon'ble Supreme Court in the case of IPCA Laboratory Ltd. Vs. DCIT.

10. Deduction under Section 80-I/80-IA:
The Tribunal upheld the view taken by the CIT(A) that the assessee cannot be allowed deduction under Section 80-I/80-IA in respect of sundry interest, profit on sale of fixed assets, and receipt from insurance, following the decision for the assessment year 1998-99.

11. Deduction under Section 80-O:
The Tribunal upheld the opinion of the CIT(A) in not allowing the deduction under Section 80-O, following the decision for the assessment year 1998-99.

12. Deletion of disallowance of Co-operative society expenses:
The Tribunal upheld the view taken by the CIT(A) on this issue, following the decision for the assessment year 1998-99.

13. Deletion of disallowance of club expenses:
The Tribunal upheld the opinion of the CIT(A) on this issue, following the decision for the assessment year 1998-99.

14. Deduction of expenditure on ISO certification:
The Tribunal upheld the impugned order and dismissed this ground of appeal, following the decision for the assessment year 1998-99.

15. Deletion of addition of expenses from Global Depository Receipts issue:
The Tribunal overturned the impugned order on this issue and restored the view of the A.O.

16. Initiation of reassessment proceedings:
The Tribunal held that the A.O. rightly initiated reassessment proceedings as the assessee did not offer any disallowance under Section 14A, which was warranted. The Tribunal also held that the A.O. could assess other items of income that came to his notice during the reassessment proceedings.

17. Confirmation of addition of unutilized Modvat credit to the closing stock:
The Tribunal set aside the impugned order and restored the matter to the file of the A.O. for working out the addition, if any, as per the directions given for the assessment year 1999-2000.

18. Deduction for bad debt:
The Tribunal dismissed the ground as it was not pressed by the assessee.

19. Addition of trade advance unrecovered written off:
The Tribunal upheld the CIT(A) in not allowing the deduction of Rs.23.70 lakh towards the claim of bad debt/business loss, as the amount was simply given as a loan to a sister concern and not as a trading advance.

20. Disallowance of depreciation:
The Tribunal held that the assessee cannot lodge a fresh claim for depreciation under Section 32 in the reassessment proceedings. However, the Tribunal directed that the written-down value of the assets for the succeeding year should be considered as gross of the depreciation amount not allowed in the current year.

21. Confirmation of disallowance of interest on interest-free loan advanced to sister concerns:
The Tribunal allowed the assessee's appeal, holding that the addition as sustained in the first appeal cannot stand, following the precedent set by the jurisdictional High Court in the case of CIT Vs. Reliance Utilities and Power Ltd.

22. Deletion of disallowance of guest house expenses and depreciation:
The Tribunal upheld the CIT(A) in deleting the disallowance of guesthouse expenses and depreciation on guesthouse, as the relevant provisions were omitted from the statute, and there was no finding that the guesthouse was not used for business purposes.

23. Eligibility for exemption under Section 10(23G):
The Tribunal held that the assessee is eligible for the benefit under Section 10(23G) in respect of the shares purchased on 31.01.1996, as the exemption is available on the income resulting from the transfer of shares and not from the purchase of shares. The Tribunal overturned the impugned order on this issue.

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