2014 (3) TMI 401 - AT - Income Tax

Disallowance of claim of Miscellaneous provision - Held that - The deduction towards Miscellaneous provision made by the assessee may be allowed to an extent - the submissions made by the assessee and the copy of voucher produced have not examined or considered by the AO thus, the deduction of Rs.22,81,707/- may be allowed to the assessee after due examination of the transactions relating to its payment thus, the order of the CIT(A) set aside and the matter remitted back to AO to allow the claim to the extent directed - the balance amount has already been offered as income in the succeeding year - Since the very same amount is getting taxed in the year, it is required to be excluded from the total income in the succeeding year since, under the scheme of Act, double taxation of same income is not permissible Decided partly in favour of Assessee.

Summary

Issues:
1. Validity of reopening of the assessment
2. Correctness of disallowance of expenditure claimed under the head "Miscellaneous Provision" of Rs.30 lacs.

Issue 1: Validity of reopening of the assessment
The appeal was against the order passed by the ld CIT(A)-I, Mumbai for the AY 2004-05. The AO reopened the assessment under section 147 due to incorrect set off of carry forward losses and computation of business income. The AO completed the reopened assessment with various disallowances. The assessee challenged the validity of reopening and other disallowances. The ld CIT(A) partly allowed the appeal, leading to the current appeal before ITAT Mumbai.

Issue 2: Correctness of disallowance of expenditure claimed under "Miscellaneous Provision"
The AO disallowed the claim of Rs.30 lacs made by the assessee under "Miscellaneous Provision" as it was considered anticipated expenditure, not an accrued or known liability. The assessee, an Asset Management Company, claimed the provision was for expenses incurred by mutual funds for various schemes. The AO and ld CIT(A) upheld the disallowance. The assessee argued the provision was for known liabilities related to the year under consideration. The ITAT noted the provision was made for expenses incurred by mutual funds, with details received after the year end. The ITAT directed the AO to allow the claim of Rs.22,81,707 after examining the transactions. The balance amount of Rs.7,18,293, already offered as income in the succeeding year, should be excluded to avoid double taxation.

The ITAT also addressed the plea regarding the validity of reopening the assessment. Since the assessee was satisfied with the decision on the "Miscellaneous Provision" claim, the ITAT did not find it necessary to dispose of the validity of reopening issue. The appeal was treated as partly allowed for statistical purposes.