2012 (6) TMI 688 - AT - Income Tax

Financial lease - principal payments made towards financial lease - revenue or capital expenditure - Held that - A finance lease is one where the lessee uses the asset for substantially the whole of its useful life and the lease payments are calculated to cover the full cost together with interest charges. It is thus a disguised way of purchasing the asset with the help of a loan. In view of decision in case of CIT vs. The Instalment Supply Ltd(2012 (5) TMI 59 (HC)) and on analyzing various terms and conditions of the agreement with lessor, it is held that assessee is not entitled to deduction of payment of principal amount under the aforesaid financing arrangement - Decided against the assessee. On alternative contention of claim of depreciation it is held that in terms of clause 10.5 of the agreement, the assessee agreed that the assessee shall not claim any relief by way of any deduction, allowance or grant available to LPIN as the owner of the vehicle under the Income-tax Act, 1961 or under any other statute, hence in view of aforesaid, claim of depreciation is not available to assessee. Preliminary expenses - dis-allowance - Held that - Indisputably, the assessee failed to submit necessary information in support of the claim of expenses written off. Hence dis-allowance upheld. Contribution towards Federation of Indian Mining Industries Building Fund - revenue or capital expenditure - assessee being one of the members of the said Federation - Held that - Expenditure incurred by way of contribution towards building fund of the said federation, is for commercial consideration and it is not incurred for the purpose of securing any capital assets. Therefore, the same is allowable as revenue expenditure - Decided in favor of assessee.

Issues Involved:
1. Disallowance of principal payments towards finance lease.
2. Disallowance of depreciation on assets taken on lease.
3. Disallowance of preliminary expenses.
4. Disallowance of contribution towards Federation of Indian Mining Industries building fund.

Detailed Analysis:

1. Disallowance of Principal Payments Towards Finance Lease:
The assessee claimed a deduction of Rs. 11,03,660/- as principal payments towards a finance lease for certain vehicles. The Assessing Officer (AO) disallowed this claim, treating the payments as capital expenditure. The AO's decision was based on the interpretation that the payments were towards acquiring a capital asset, and thus, capital in nature. The CIT(A) upheld this disallowance, agreeing that the lease was a financial lease and the payments provided an enduring benefit to the assessee. The Tribunal concurred with the lower authorities, noting that the lease arrangement was indeed a financing lease and not an operational lease, and thus, the principal payments were not deductible as revenue expenditure.

2. Disallowance of Depreciation on Assets Taken on Lease:
The assessee alternatively sought depreciation on the leased assets. However, the CIT(A) rejected this claim, referring to the CBDT Circular No.2/2001 and the decision in J.M. Shares and Stock Brokers Vs. DCIT. The Tribunal also dismissed this alternate claim, emphasizing that the terms of the lease agreement explicitly stated that the assessee could not claim any ownership rights or depreciation on the leased vehicles. The Tribunal noted that the agreement's terms, particularly Article 10, prevented the assessee from claiming any deductions or allowances available to the owner of the vehicle.

3. Disallowance of Preliminary Expenses:
The AO disallowed Rs. 31,000/- claimed by the assessee as preliminary expenses due to lack of supporting details. The CIT(A) upheld this disallowance, noting that the assessee failed to provide necessary information to substantiate the claim. The Tribunal agreed with the CIT(A), stating that the assessee did not provide any material to counter the findings of the lower authorities, and thus, upheld the disallowance.

4. Disallowance of Contribution Towards Federation of Indian Mining Industries Building Fund:
The AO disallowed Rs. 50 lacs contributed by the assessee towards the Federation of Indian Mining Industries building fund, stating that the expenditure was not incurred wholly and exclusively for business purposes. The CIT(A) upheld this disallowance, treating the payment as a donation and capital in nature. However, the Tribunal reversed this decision, noting that the contribution was for commercial considerations and not for securing any capital assets. The Tribunal referenced several judicial precedents, including Chemicals & Plastics India Ltd. and Cooperative Sugars Ltd., to conclude that the expenditure was allowable as revenue expenditure since it was incurred for the welfare of the mining industry, which was closely linked to the assessee's business.

General Ground:
The general ground raised by the assessee did not require any separate adjudication, and no additional grounds were raised during the appeal.

Conclusion:
The Tribunal dismissed the appeal concerning the disallowance of principal payments towards the finance lease, disallowance of depreciation on leased assets, and disallowance of preliminary expenses. However, it allowed the appeal regarding the disallowance of the contribution towards the Federation of Indian Mining Industries building fund, treating it as revenue expenditure. The appeal was thus partly allowed.

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