2014 (1) TMI 227 - AT - Income Tax

Disallowance u/s 40(a)(ia) of the Act CBDT s circular No.715 nor considered Applicability of TDS on payments of actual reimbursements Held that - Nothing is brought to support that the payments contain the profit element passed on to the payee - There is no doubt that the circular apply to the payments which contains the income element Following CIT vs. Siemens Aktiongesellschaft 2008 (11) TMI 74 - BOMBAY HIGH COURT - when there is no element of income and the payment is only the reimbursement of expenses then no disallowance can be made u/s 40(a)(ia) of the Act Decided against Revenue. Disallowance on account of Electricity expenses Held that - The expenditure was incurred by the assessee solely in respect of the properties used by the assessee for business purposes - nothing is brought to our notice that the facts require any changes - Considering the business nature of the expenditure, the assessee entitled to claim the same as an allowable deduction - No disallowance is called for - the direction given by the CIT (A) for deletion of the addition on account of electricity charges, does not call for any interference Decided against Revenue.

Summary

Issues:
1. Disallowance made under section 40(a)(ia) of the Act.
2. Disallowance of expenses on account of electricity charges.

Issue 1: Disallowance under section 40(a)(ia) of the Act
The appeal was filed by the Revenue against the order of CIT (A) for the assessment year 2008-2009. The Revenue raised grounds related to the disallowance made under section 40(a)(ia) of the Act. The AO contended that certain amounts paid by the assessee to another company were reimbursements but attracted the provisions of section 40(a)(ia). However, the CIT (A) analyzed the nature of expenses and concluded that they were reimbursement expenses, not attracting the said provisions. The CIT (A) relied on a judgment of the jurisdictional High Court to support this proposition. The Tribunal, after hearing both parties, found no profit element in the payments and upheld the CIT (A)'s decision, dismissing the Revenue's appeal.

Issue 2: Disallowance of expenses on account of electricity charges
The second ground of appeal related to the disallowance of expenses on account of electricity charges. The AO disallowed a portion of the total electricity charges debited to the P&L Account. However, the CIT (A) found that the expenses were incurred solely for business purposes and directed the AO to delete the addition. The CIT (A) provided detailed facts regarding the electricity charges, the premises, and the necessity of the payments. The Tribunal, after reviewing the orders and material, agreed with the CIT (A)'s decision. It found no reason to interfere as the expenses were related to the business operations of the assessee. Therefore, the Tribunal dismissed the Revenue's appeal, upholding the deletion of the addition on account of electricity charges.

In conclusion, the Tribunal dismissed the Revenue's appeal, affirming the decisions of the CIT (A) regarding both the disallowance under section 40(a)(ia) of the Act and the electricity expenses. The Tribunal found no grounds to interfere with the CIT (A)'s orders, emphasizing the business nature of the expenses and the absence of any profit element in the payments.