2019 (12) TMI 203 - AT - Income Tax

Withdrawal of refund which was granted on refund u/s 244A - Reduction in interest due to order of CIT(A) - AO was of the view that no interest shall be payable if the amount of refund is less than 10% of the tax as determined under sub section (1) of the section 115WE or sub section (1) of section 143(3) or on regular assessment. - CIT(A) allowed the claim of assessee - Held that - In the instant case, the alleged refund including interest was neither issued under sub section (1) of 143 nor on regular assessment. Rather, the refund was issued after giving effect to the order of the CIT(A) - Accordingly, clause (b) of sub section (1) of Section 244A is applicable for giving interest on refund due to the assessee company after giving effect to the order of the CIT(A), and thus, proviso to clause (a) of sub section (1) of section 244A is not applicable. As per sub section (3) of the aforesaid section where as a result of an order u/s.250 of the Act, the amount on which the interest was payable under sub section (1) has been increased or reduced, as the case may be, the interest shall be increased or reduced. Accordingly, the AO has jurisdiction for rectifying the interest paid/payable on refund u/s. 154 of the I.T. Act and therefore, whatever the interest u/s.244A of the Act due to the assessee u/s.143(1) of the Act ought to be reduced from the interest on refund granted to the assessee company after determination of income by the appellate authorities. We find that on perusal of material available on record, the excess claim of interest to the extent of ₹ 1,15,74,341/- is required to be called back u/s.234D of the Act only, but not the withdrawal of entire interest of ₹ 3,71,78,138/- granted u/s.244A of the Act. - Decided against the Revenue. Disallowance of the expenditure incurred on reimbursement of LPG Cylinders to the employees - Held that - as per the National Coal Wage Agreement the employees are entitled to get free issue of coal for domestic use only subject to some quantity limitation. - the assessee company has considered the reimbursement of LPG Cylinder as a perquisite in the hands of the employees and regular income tax is being deducted from such employees in accordance with law. - the AO‟s action is disallowing the above expenditure is not justified.

Issues Involved:
1. Validity of the order passed under section 143(3)/147.
2. Disallowance of 50% expenditure on assets not belonging to the company.
3. Disallowance of 25% expenditure on coal transportation paid to ex-servicemen transport companies.
4. Chargeability of interest under section 220(2).
5. Expenditure on rehabilitation of people/villagers and payments to the State Government for mining land.
6. Disallowance of guest house expenses.
7. Disallowance of expenditure on social overheads (fuel and power).
8. Disallowance of expenditure on grants to schools and educational institutions.
9. Disallowance of expenditure on reimbursement of LPG cylinders to employees.
10. Disallowance of expenditure on tree plantation and land reclamation.
11. Disallowance of overburden removal expenses.
12. Withdrawal of interest under section 244A.

Detailed Analysis:

1. Validity of the Order Passed Under Section 143(3)/147:
The assessee argued that the order passed by the Assessing Officer (AO) under section 143(3)/147 was invalid. However, the tribunal dismissed this ground for want of COD approval.

2. Disallowance of 50% Expenditure on Assets Not Belonging to the Company:
The tribunal found that the expenses incurred on assets not owned by the assessee were allowed based on a similar issue decided in favor of the assessee in a previous case. The tribunal cited the decision of the Kolkata Bench in the case of Integrated Coal Mining Ltd., which allowed such expenses as revenue expenditure.

3. Disallowance of 25% Expenditure on Coal Transportation Paid to Ex-Servicemen Transport Companies:
The tribunal remitted this issue back to the AO for verification. The AO was directed to verify the genuineness of transactions and the necessary TDS deductions, as the assessee failed to furnish complete and verifiable details.

4. Chargeability of Interest Under Section 220(2):
This ground was dismissed for want of COD approval.

5. Expenditure on Rehabilitation of People/Villagers and Payments to the State Government for Mining Land:
The tribunal upheld the disallowance of these expenses as capital expenditure, following the decision in the assessee's own case for earlier years. The tribunal noted that such expenses resulted in enduring benefits and were not merely facilitating business operations.

6. Disallowance of Guest House Expenses:
The tribunal upheld the CIT(A)'s decision to restrict the disallowance to ?2.10 lakhs, as the assessee failed to provide complete details for the claimed expenses.

7. Disallowance of Expenditure on Social Overheads (Fuel and Power):
The tribunal modified the AO's disallowance from 50% to 25% of the expenses, considering the practicality and the fact that the matter pertained to an earlier assessment year.

8. Disallowance of Expenditure on Grants to Schools and Educational Institutions:
The tribunal upheld the CIT(A)'s decision to allow these expenses, following the decision in the assessee's own case for earlier years. The tribunal noted that the expenses were incurred as per a National Coal Wage Agreement and were for the welfare of the employees' children.

9. Disallowance of Expenditure on Reimbursement of LPG Cylinders to Employees:
The tribunal upheld the CIT(A)'s decision to allow these expenses, as the reimbursement was treated as a perquisite and income tax was deducted accordingly.

10. Disallowance of Expenditure on Tree Plantation and Land Reclamation:
The tribunal upheld the CIT(A)'s decision to allow these expenses as revenue expenditure, following the decisions in similar cases.

11. Disallowance of Overburden Removal Expenses:
The tribunal allowed the assessee's claim, following the decision of the Jabalpur Bench in the case of Northern Coalfields Ltd., which treated such expenses as business expenditure.

12. Withdrawal of Interest Under Section 244A:
The tribunal upheld the CIT(A)'s decision to restrict the withdrawal of interest to ?1,15,74,341, noting that the refund was issued after giving effect to the CIT(A)'s order and not under section 143(1) or regular assessment.

Conclusion:
The tribunal provided a detailed analysis and adjudication for each issue, often relying on precedents and earlier decisions in the assessee's own case or similar cases. The appeals were partly allowed for statistical purposes, with some issues remitted back to the AO for further verification. The tribunal upheld the CIT(A)'s decisions where they found them to be fair and reasonable.

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