2012 (6) TMI 481 - AT - Income Tax

Deferred revenue recognition - Administration/Contract Fees - AO stated that 75% of the receipts are spread over time share period to reduce its tax liability in the year of re operative receipt - Held that - It cannot be denied that a major portion of services rendered by the assessee would be in the initial years of the time share period of 78 years, but AO s view is not acceptable that all the services rendered to the members are completed in the first year itself and therefore the entire Administration / Contract Fee be recognised as 100% revenue in the first year of receipt - would result in a grave mismatch by the recognition of entire receipt as income in the first year and disregarding subsequent expenditure that the assessee would incur for services to be rendered to members the balance period of the time share - 50% of this Administration/Contract Fee is to be treated as income in the first two years of receipt and charged to tax @ 25% in each of the first two years and the balance 50% is to be treated as income and spread over in the remaining portion of the time share period Claim of Interest Expenditure - assessee contention that the CIT(A)erred in holding that the interest paid by the assessee to PHRC was expenditure not incurred wholly and exclusively for the purpose of business Held that - The duties and liabilities of both the parties to the agreement viz. the assessee and PHRC are clearly laid out and there is nothing to mandate that the interest earned out of the fixed deposit representing Capital Bond Account was to be paid by the assessee to PHRC. The said deposits were to be maintained for the purpose of creation of mortgage over properties by PHRC - The assessee s claim that the interest paid is out of interest earned on joint funds is unacceptable as the assessee had no liability or obligation to pay the same to PHRC and nor could the latter legally enforce payment of the same by the assessee. The interest on fixed deposits were received by the assessee only because of the failure of PHRC, as it did not mortgage the properties. If it had done so, the amount in the fixed deposits would have been returned - against assessee. Charge of interest u/s.234B and 234D - Held that - The charging of interest u/s. 234B is mandatory and consequential in nature and there is no discretion in the matter and the charging of interest u/s. 234D considering the case of ITO Vs. Ekta Promoters P. Ltd 2008 (7) TMI 452 (Tri) cancel the interest charged u/s. 234D as section 234D was brought on the statute w.e.f. 1.6.2003 cannot be applied to assessment year 2003-04 or earlier years having no retrospective effect.

Summary

Issues Involved:
1. Validity of proceedings initiated under Section 147 of the Income Tax Act, 1961.
2. Revenue recognition of Administration/Contract Fees.
3. Claim of interest expenditure.
4. Charge of interest under Sections 234B and 234D of the Income Tax Act.

Detailed Analysis:

1. Validity of Proceedings Initiated Under Section 147:
The assessee challenged the validity of the proceedings initiated by the Assessing Officer under Section 147 for the assessment years 1997-98, 1998-99, 1999-2000, 2000-01, and 2003-04. The grounds included issues related to the issuance of notices under Section 148 and the validity of assessment orders passed under Section 143(3) read with Section 147. However, during the hearing, the assessee's representative stated that these grounds were not being pressed. Consequently, the tribunal dismissed these grounds of appeal.

2. Revenue Recognition of Administration/Contract Fees:
The primary issue was whether the entire Administration/Contract Fee of Rs.1,650 per member should be recognized as income in the year of receipt or spread over the time share period. The assessee argued that only 25% of the fee should be recognized in the year of receipt, with the remaining 75% spread over the time share period to avoid a mismatch between revenue and future expenditure. The tribunal noted that the CIT(A) had previously held that 50% of the fee should be recognized in the first two years (25% each year) and the remaining 50% spread over the time share period. This approach was deemed reasonable to minimize distortion and ensure a match between income and future expenditure. The tribunal upheld this method for all relevant assessment years, following the precedent set by the ITAT, Chennai Special Bench in the case of Mahindra Holidays & Resorts (India) Ltd.

3. Claim of Interest Expenditure:
The assessee claimed interest expenditure paid to PHRC, arguing it was incurred as part of a business arrangement. The tribunal found that the agreements between the assessee and PHRC did not mandate the payment of interest on fixed deposits representing a Capital Bond Account. The deposits were maintained due to the failure of PHRC to create an equitable mortgage over the properties. The tribunal concluded that the interest paid was not incurred wholly and exclusively for business purposes under Section 37(1) of the Act and dismissed the assessee's claim for these assessment years.

4. Charge of Interest Under Sections 234B and 234D:
The assessee challenged the charging of interest under Sections 234B and 234D for various assessment years. The tribunal held that the charging of interest under Section 234B is mandatory and consequential, directing the Assessing Officer to recompute the interest while giving effect to the orders. For Section 234D, the tribunal followed the ITAT, Delhi Special Bench decision in the case of ITO Vs. Ekta Promoters P. Ltd., which held that Section 234D applies only from the assessment year 2004-05 onwards. Consequently, the tribunal directed the Assessing Officer to cancel the interest charged under Section 234D for the assessment years prior to 2004-05 and recompute it for the assessment year 2004-05 in accordance with the law.

Conclusion:
The tribunal dismissed the Revenue's appeals for the assessment years 1996-97 and 2001-02 and partly allowed the assessee's appeals for the assessment years 1997-98 to 2000-01 and 2002-03 to 2004-05. The tribunal's order emphasized the importance of matching revenue recognition with future expenditure and upheld the method of spreading the Administration/Contract Fees over the time share period. The tribunal also clarified the applicability of interest charges under Sections 234B and 234D, providing specific directions for recomputation.