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2013 (9) TMI 434 - AT - Income TaxReimbursement of 50% of interest on housing loan taken by the employees - Employees of the assessee company have taken loan from the parties other than the assessee company and the company has actually reimbursed 50 per cent of the interest paid on the loan taken by the employees Held that - Allowed as expenditure to the Assessee Decided in favor of Assessee. Claim for deduction being the amount written off on account of diminution in the value of investment in shares of Petroleum Infrastructure Ltd Held that - Loss on account of diminution in the value of investment in shares is allowable by way of capital loss only when transfer of shares takes place. In the present case there is no transfer of shares in question and therefore the claim of the assessee regarding this diminution in the value of investment in shares is not allowable. - Decided against the assessee. Non-granting of depreciation of Rs.1, 65, 190/- on the assets leased to Rajasthan State Electricity Board (RSEB) - (a State Government Undertaking formed under the State Electricity Supply Act) Held that - Relying upon the decision in the case of COMMISSIONER OF INCOME-TAX Versus GUJARAT GAS CO. LTD 2008 (9) TMI 126 - GUJARAT HIGH COURT depreciation is allowed. Penalty u/s 271 (1) (c) of the Income Tax Act Held that - There is no material brought out by the AO to prove the ingredients for levy of penalty that the assessee has furnished inaccurate particulars of income or concealed particulars of income - There was no fault or willful negligence on the part of the assessee and therefore penalty is not justified Decided in favor of Assessee.
Issues Involved:
1. Disallowance of claim under sections 80-I & 80-IA. 2. Disallowance of reimbursement of interest on housing loan. 3. Disallowance of interest on borrowings for Hazira-Ankleshwar Pipeline Project. 4. Disallowance of subsidy for gas connection to employees. 5. Disallowance of expenditure on Gas Day and Diwali festival. 6. Disallowance of diminution in the value of investment in shares. 7. Disallowance of bad debts written off. 8. Disallowance of depreciation on assets leased to Rajasthan State Electricity Board. 9. Disallowance of meter reading difference paid to GAIL/ONGC. 10. Disallowance of provision for rent payable to GIDC. 11. Penalty proceedings under section 271(1)(c). Detailed Analysis: 1. Disallowance of claim under sections 80-I & 80-IA: The assessee's claim for deduction under sections 80-I & 80-IA was disallowed by the CIT(A) on the grounds that the activity did not qualify as manufacture or production. The Tribunal found that the issue was covered in favor of the assessee by its own earlier decisions for the assessment years 1993-94 to 1998-99 and 2000-01. Respectfully following the precedent, the Tribunal allowed the assessee's claim for deduction under sections 80-I & 80-IA. 2. Disallowance of reimbursement of interest on housing loan: The assessee claimed reimbursement of 50% interest on housing loans taken by employees, which was disallowed by the CIT(A). The Tribunal noted that this issue was previously decided in favor of the assessee for the assessment years 1995-96, 1996-97, and 2000-01. Since no new facts were presented, the Tribunal followed the earlier decisions and allowed the claim. 3. Disallowance of interest on borrowings for Hazira-Ankleshwar Pipeline Project: The CIT(A) disallowed the interest on borrowings for the Hazira-Ankleshwar Pipeline Project. The Tribunal found that the issue was covered in favor of the assessee by its own decision for the assessment year 2000-01 and the Supreme Court's decision in the case of Core Health Care Ltd. Since no new facts were presented, the Tribunal allowed the claim. 4. Disallowance of subsidy for gas connection to employees: The CIT(A) disallowed the subsidy given for gas connections to employees. The Tribunal found that this issue was previously decided in favor of the assessee for the assessment years 2000-01 and 2002-03. Since no new facts were presented, the Tribunal followed the earlier decisions and allowed the claim. 5. Disallowance of expenditure on Gas Day and Diwali festival: The CIT(A) disallowed the expenditure on Gas Day and Diwali festival. The Tribunal noted that this issue was previously decided in favor of the assessee for the assessment years 1993-94 and 2000-01. Following the precedent, the Tribunal allowed the claim. 6. Disallowance of diminution in the value of investment in shares: The CIT(A) disallowed the claim for diminution in the value of investment in shares of Petroleum Infrastructure Ltd. The Tribunal distinguished this case from earlier decisions and the Gujarat High Court's decision in the case of Gujarat Mineral Development Corporation Ltd., noting that the loss on account of diminution in the value of investment in shares is allowable only as a capital loss upon transfer. Since there was no transfer of shares, the Tribunal upheld the CIT(A)'s disallowance. 7. Disallowance of bad debts written off: The CIT(A) disallowed the bad debts written off in respect of Rajinder Steels Ltd. The Tribunal remanded the issue back to the AO for fresh decision after examining whether the debt was actually written off in the books and whether the conditions of section 36(2) were met, in light of the Supreme Court's decision in T.R.F. Ltd. vs. CIT. 8. Disallowance of depreciation on assets leased to Rajasthan State Electricity Board: The CIT(A) disallowed the depreciation on assets leased to Rajasthan State Electricity Board. The Tribunal found that this issue was covered in favor of the assessee by the Gujarat High Court's decision in the assessee's own case for the assessment year 1995-96. Following the precedent, the Tribunal allowed the claim. 9. Disallowance of meter reading difference paid to GAIL/ONGC: The CIT(A) disallowed the meter reading difference paid to GAIL/ONGC. The Tribunal found that the liability had crystallized in the present year based on the Minutes of Meeting held on 30-03-1999 and allowed the claim. 10. Disallowance of provision for rent payable to GIDC: The CIT(A) disallowed the provision for rent payable to GIDC. The Tribunal allowed the provision related to the present year but disallowed the provision related to earlier years, as the liability had crystallized in the earlier year. 11. Penalty proceedings under section 271(1)(c): The CIT(A) cancelled the penalty, noting that the disallowances were made purely on the basis of judicial opinion and there was no willful negligence or fault on the part of the assessee. The Tribunal upheld the CIT(A)'s decision, finding no material to prove that the assessee had furnished inaccurate particulars or concealed income. Conclusion: The appeal of the assessee in quantum proceedings was partly allowed. The appeal of the revenue and the cross objection of the assessee in penalty proceedings were dismissed.
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