2012 (9) TMI 473 - AT - Income Tax

Disallowance of Provision for doubtful debt - Assessee is an NBFC Assessee claim provision for doubtful debts as per RBI guidelines Held that - Following Special Bench decision of ITAT in the case of New India Industries Ltd. (2007 (10) TMI 325) and wherein it was held that RBI Act do not over-ride the provisions of the Income Tax Act, 1961 so far as compliance of Income tax provisions are concerned. Therefore, provisions for bad and doubtful debt though statutorily required under the RBI guidelines do not qualify for deduction as business expenditure. Appeal decides in favour of revenue Disallowance of expenses attributable to exempted income u/s 14A - Assessee had earned interest on bonds exempt u/s 10(23G) Held that - AO had to first give finding as to the fact that he is not satisfied with the correctness of the claim in respect of such expenditure. While rejecting the claim of assessee with regard to expenditure or no expenditure as the case may be in relation to exempt income, the AO would have to indicate cogent reasons for the same. Therefore case remand back to AO. Disallowance of excess depreciation being @ 40% on vehicles - Assessee had claimed depreciation on motor lorries/taxis and motor cars at higher rate of 40% in case of motor lorries/taxies instead of 20% - There was no fresh leasing transactions have been undertaken in the assessment year - 40% has been allowed by the Tribunal in previous assessment year Held that - As decided by Delhi High Court in case of MGF (2006 (7) TMI 125) that vehicles owned by a NBFC leased to third party are eligible for higher rate of depreciation @ 40%. Appeal decides in favour of assessee. Addition on account dividend income Assessee claim exemption u/s 10(33) for the period 1999 to 2007 - AO made addition on the basis that dividend income during that year was not exempt as section not applicable to assessment year 2003-04 Held that - AO did not talk about sec. 10(34) or sec. 80M, as same was applicable for the respective year. Since the claim of assessee was not examined by the Assessing Officer u/s 80M. Case remand back to AO. Charging of interest u/s 234B & 234D and withdrawal of interest u/s 244A Held that - As charging of interest u/s 234D is not applicable to the said assessment year. As regards interest u/s 234B and 244A, These are of consequential nature and the determination of interest under these sections will depend upon the final outcome of the case. Appeal decides in favour of assessee.

Summary

Issues Involved:
1. Disallowance for doubtful debts.
2. Disallowance of income reversals for previous years.
3. Disallowance of expenses attributable to exempted income.
4. Disallowance of depreciation on leased vehicles.
5. Addition on account of dividend income.
6. Levy of interest under sections 234B and 234D, and withdrawal of interest under section 244A.

Detailed Analysis:

1. Disallowance for Doubtful Debts:
The Assessing Officer (AO) disallowed Rs. 27,60,000/- as provision for doubtful debts, stating that under section 37(1) of the Income Tax Act, 1961, only expenditures incurred in the previous year are deductible. The CIT(A) deleted this disallowance based on previous ITAT decisions in the assessee's favor. However, the Tribunal found that the issue was covered against the assessee by its own cases for assessment years 2000-01 and 2001-02, where it was held that RBI guidelines do not override the Income Tax Act provisions. Thus, the disallowance was upheld in favor of the revenue.

2. Disallowance of Income Reversals for Previous Years:
The AO added Rs. 8,45,000/- to the income, noting it as income reversal from earlier years. The CIT(A) deleted this addition, following previous ITAT orders. The Tribunal remitted the matter back to the AO to ascertain if the reversal was part of the income declared in earlier years and to allow it if confirmed.

3. Disallowance of Expenses Attributable to Exempted Income:
The AO disallowed Rs. 79,80,000/- under section 14A, attributing it to expenses for earning exempt income. The CIT(A) deleted this disallowance based on earlier ITAT decisions. The Tribunal remitted the issue back to the AO for fresh examination, directing adherence to the Delhi High Court judgment in Maxop Investment Ltd., which requires the AO to provide cogent reasons for disallowance.

4. Disallowance of Depreciation on Leased Vehicles:
The AO restricted the depreciation claim to 20% instead of 40%, as the assessee failed to provide necessary details. The CIT(A) upheld this decision. The Tribunal, however, found that no fresh leasing transactions were done during the year and the vehicles were already let out on hire, thus allowing the higher depreciation rate of 40%, following the Delhi High Court judgment in CIT v. MGF.

5. Addition on Account of Dividend Income:
The AO added Rs. 21,75,000/- as dividend income, rejecting the assessee's claim for exemption under sections 10(33), 10(34), and 80M. The CIT(A) upheld this addition. The Tribunal remitted the issue back to the AO to examine the eligibility for deduction under section 80M, as the assessee had not provided sufficient evidence to meet the conditions for exemption.

6. Levy of Interest Under Sections 234B and 234D, and Withdrawal of Interest Under Section 244A:
The Tribunal held that interest under section 234D is not applicable for the assessment year 2003-04, following the Special Bench judgment in ITO v. Ekta Promoters Pvt. Ltd. Interest under sections 234B and 244A was deemed consequential, depending on the final outcome of the case.

Conclusion:
The Tribunal upheld the revenue's appeal regarding the disallowance for doubtful debts and remitted the issues of income reversals and expenses attributable to exempted income back to the AO for fresh examination. The assessee's appeal was allowed for the higher depreciation rate on leased vehicles and remitted the dividend income issue back to the AO for further verification. The Tribunal also ruled that interest under section 234D was not applicable for the year in question, while interest under sections 234B and 244A was consequential.