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2020 (11) TMI 67 - AT - Income TaxRevision u/s 263 - allowability of legal and professional charges incurred in connection with the acquisitions of New Ship Lift System - revenue or capital expenditure - HELD THAT - As during the course of assessment proceedings, AO had called for the details regarding the true nature of legal and professional expenses and the same was explained by the assessee on being satisfied the Assessing Officer had chosen not to make any addition. The fact that the assessment order does not discuss about this item of the expenditure does not mean that the AO had not examined the issue. In the circumstances, it cannot be said that there was no enquiry by the AO on this issue of allowability of legal and professional charges. Madras High Court in the case of Bush Boake Allen India Ltd. 1981 (10) TMI 32 - MADRAS HIGH COURT wherein following the decision of India Cements Ltd. 1965 (12) TMI 22 - SUPREME COURT held that merely because the expenditure was incurred in connection with the capital assets, the same cannot be treated as capital in nature. It is settled principle of law that once the High Court lays down particular the proposition of law, the same is deemed to be in existence from the inception. Fact would clearly suggest that there was no material on record to hold that the legal and professional expenses are not allowable as revenue expenditure. AO only took one of the possible views and, therefore, the Pr. CIT was not justified in exercising the power of revision - Decided in favour of assessee.
Issues:
1. Jurisdiction under section 263 of the Income Tax Act, 1961. 2. Allowability of legal and professional expenses. 3. Proper application of mind by the Assessing Officer. Jurisdiction under section 263 of the Income Tax Act, 1961: The appeal challenged the invocation of jurisdiction under section 263 by the Principal Commissioner of Income Tax-2, Kolhapur, for the assessment year 2011-12. The appellant argued that the assessment was not erroneous or prejudicial to the Revenue's interests. The appellant contended that the Assessing Officer had conducted appropriate inquiries before finalizing the assessment, and the jurisdiction under section 263 cannot be invoked solely based on a difference of opinion. The appellant also emphasized that the expenditure in question was a revenue expenditure related to the port business, rightfully claimed as a deduction under section 37 of the Act. The Tribunal found that the Assessing Officer had indeed examined the issue during the assessment proceedings, and the legal expenses were allowable as revenue expenditure. Therefore, the Tribunal quashed the order passed by the Principal Commissioner under section 263. Allowability of legal and professional expenses: The case involved legal and professional expenses of ?10 lakhs incurred for drafting an agreement related to the procurement of a New Ship Lift System. The Principal Commissioner set aside the assessment order for a fresh examination of the allowability of these expenses, considering them to be erroneous and prejudicial to the Revenue's interests. However, the Tribunal noted that the Assessing Officer had called for details of these expenses during the original assessment, and the appellant had provided a detailed explanation. The Tribunal held that the legal expenses were allowable as revenue expenditure based on previous judicial decisions and principles of law. The Tribunal emphasized that the Assessing Officer had considered the issue and took a permissible view, rendering the Principal Commissioner's revision unjustified. Proper application of mind by the Assessing Officer: The Tribunal examined whether the Assessing Officer had applied due diligence in considering the legal and professional expenses during the original assessment. It was found that the Assessing Officer had indeed called for details and the appellant had provided a comprehensive explanation. The Tribunal emphasized that the absence of explicit discussion in the assessment order did not imply lack of examination by the Assessing Officer. By referencing relevant judicial precedents, the Tribunal concluded that the legal expenses were allowable as revenue expenditure. The Tribunal held that the Assessing Officer had taken a permissible view, and the Principal Commissioner's decision to set aside the assessment was unwarranted. Consequently, the Tribunal quashed the Principal Commissioner's order under section 263 and allowed the appellant's appeal. In conclusion, the Tribunal's detailed analysis focused on the jurisdiction under section 263, the allowability of legal and professional expenses, and the proper application of mind by the Assessing Officer. The Tribunal found in favor of the appellant, emphasizing that the legal expenses were allowable as revenue expenditure and that the Assessing Officer had conducted a thorough examination during the original assessment, rendering the Principal Commissioner's revision unjustified.
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