2014 (4) TMI 900 - HC - Income Tax

Direction to complete the Assessment Order cancelled u/s 154 of the Act Held that - The decision in Commissioner of Income Tax Bareilly and Others vs. M/S. Rampur Distillery & Chemical Co. Ltd. 2014 (4) TMI 901 - ALLAHABAD HIGH COURT followed The CIT(A) has directed the AA to pass the order for the period of 27 months -The Assessing Authority passed the assessment order in pursuance of the order of CIT(A) u/s 251 of the Act and in pursuance of the order arising from the assessment order the appeal has been decided by CIT (A) and by the Tribunal thus it is not upon to the Revenue to raise the issue again Decided against Revenue. Deletion of disallowance of interest Held that - Following the decision in Commissioner of Income-Tax And Another Versus Radico Khaitan Ltd. 2004 (9) TMI 37 - ALLAHABAD High Court the conditions u/s 36(1)(iii) of the Act have been complied with thus the assessee-company was entitled to full allowance of the amount of interest paid by it on borrowed capital - Decided against Revenue. Deletion of disallowance u/s 37(1) of the Act Held that - the club membership fees for employees incurred by the assessee is business expense u/s 37 of the Act Decided against Revenue. Deletion of investment allowance on distillery unit Held that - Following the decision in Commissioner of Income-Tax And Another Versus Radico Khaitan Ltd. 2004 (9) TMI 37 - ALLAHABAD High Court In view of the specific provisions contained in sub-section (2A) of section 32A of the Act investment allowance is not admissible in respect of the plant and machinery installed for the purpose of manufacturing any of the items mentioned in the Eleventh Schedule Decided in favour of Revenue.

Summary

Issues involved:
1. Legality of upholding the order directing assessment for 27 months under the Income Tax Act, 1961.
2. Disallowance of interest amounting to Rs. 6,36,698.
3. Disallowance of Rs. 49,608 under section 37(1) of the Income Tax Act, 1961.
4. Deletion of investment allowance on distillery unit.

Analysis:

1. The first issue pertains to the legality of upholding the order directing assessment for 27 months under the Income Tax Act, 1961. The court cited a previous decision in a similar case, where the order of the Commissioner of Income Tax (Appeal) directing the Assessing Authority to pass one order for the period of 27 months had already been confirmed. The Revenue's appeal against this order had been dismissed by the Tribunal and the High Court, thus precluding the appellant from raising the same issue again. Consequently, the court held that the question was not open for reconsideration in the current appeal.

2. Regarding the disallowance of interest amounting to Rs. 6,36,698, the Tribunal had based its decision on a previous ruling for the assessment year 1990-91, which was upheld by the High Court in favor of the assessee and against the Revenue. Given the precedent set by the court in the earlier case, the court concluded that the issue was already settled in favor of the assessee, thereby rejecting the Revenue's appeal on this matter.

3. The issue of disallowance of Rs. 49,608 under section 37(1) of the Income Tax Act, 1961 was also addressed. The court referred to a decision by the Apex Court in a related case, where it was established that club membership fees for employees incurred by the assessee constituted a business expense and were deductible under section 37(1) of the Act. The court noted that this issue had been consistently decided in favor of the assessee by various High Courts, including the Apex Court, and therefore ruled in favor of the assessee and against the Revenue on this matter.

4. Lastly, the deletion of investment allowance on the distillery unit was considered. The court relied on a previous judgment related to the assessment year 1990-1991, where a similar issue had been decided in favor of the Revenue and against the assessee. Following the precedent set by the court in the earlier case, the court answered this question in favor of the assessee and against the Revenue, thereby allowing the appeal in part and setting aside the Tribunal's order to the extent specified.

In conclusion, the High Court's judgment addressed multiple issues related to the Income Tax Act, 1961, and relied on previous decisions and legal precedents to determine the outcomes in each case, ultimately ruling in favor of the assessee and partially allowing the appeal.