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2021 (9) TMI 361 - AT - Income TaxDisallowance of deprecation on Goodwill - assessee had entered into an Asset Purchase Agreement ( APA ) to acquire the Global Travel Service Centre ( GTSC ) as a going concern for lump sum consideration ( slump sale basis) - HELD THAT - We find that the Co-ordinate Bench of Tribunal while deciding the issue in favour of the assessee on identical facts in A.Y. 2012-13 2013-14 2015-16 2021 (3) TMI 472 - ITAT DELHI Revenue has not pointed to any distinguishing feature in the facts of the case in the year under consideration and that of the earlier years. Revenue has also not placed any material on record to demonstrate that the ITAT orders in assessee s own case for earlier years has been stayed/ set aside/ overruled by higher judicial forum. AO was not justified in disallowing the claim of depreciation. - Decided in favour of assessee. Disallowance u/s 14A - details furnished by the assessee noted that assessee had earned dividend income which was claimed as exempt income - HELD THAT - We therefore, following the order of the Tribunal in assessee s own case 2021 (3) TMI 472 - ITAT DELHI for earlier years and for similar reasons hold that the AO was not justified in disallowing the expenses u/s 14A r.w.r 8D of the Act. We therefore direct the AO to delete the disallowance of expenses. Claim of deduction on account of payment of education cess - assessee in the return of income did not claim deduction for the education cess paid before the due date of filing return of income - HELD THAT - We therefore, following the order of the Tribunal in assessee s own case for earlier years 2021 (3) TMI 472 - ITAT DELHI and for similar reasons direct the AO to allow the claim of deductibility of cess - Thus the ground of the assessee is allowed.
Issues Involved:
1. Disallowance of Depreciation on Goodwill 2. Disallowance under Section 14A read with Rule 8D of the Income Tax Rules, 1962 3. Initiation of Penalty Proceedings under Section 271(1)(c) of the Income Tax Act 4. Deduction of Education Cess Issue-wise Detailed Analysis: 1. Disallowance of Depreciation on Goodwill: The assessee claimed depreciation of ?7,10,40,132 on goodwill, which was disallowed by the AO following the order for A.Y. 2013-14. The CIT(A) upheld the AO's decision, referencing previous years' orders. The assessee argued that the goodwill was acquired through an Asset Purchase Agreement with American Express India Pvt. Ltd. and that depreciation on goodwill had been allowed in A.Y. 2010-11 by the Tribunal. The Tribunal noted that the issue was not new and had been decided in favor of the assessee in earlier years (A.Y. 2010-11, 2012-13, 2013-14, and 2015-16). The Tribunal held that the AO was not justified in disallowing the claim of depreciation and directed the AO to delete the disallowance. 2. Disallowance under Section 14A read with Rule 8D: The AO disallowed ?32,33,346 under Section 14A read with Rule 8D, asserting that it was unbelievable that no expenditure was incurred to earn exempt dividend income of ?6,02,33,907. The CIT(A) upheld the AO's decision. The assessee contended that no direct or indirect expenses were incurred for earning the exempt income, and the AO did not record any satisfaction regarding the correctness of the assessee's claim. The Tribunal, referencing its own decisions in earlier years (A.Y. 2011-12, 2012-13, and 2013-14), found that the AO did not examine the books of account to verify the claim and mechanically applied Rule 8D. The Tribunal directed the AO to delete the disallowance. 3. Initiation of Penalty Proceedings under Section 271(1)(c): The assessee's ground regarding the initiation of penalty proceedings under Section 271(1)(c) was considered premature and required no adjudication at present. Consequently, this ground was dismissed. 4. Deduction of Education Cess: The assessee claimed a deduction for education cess amounting to ?70,98,828, which was not claimed in the return of income. The Tribunal noted that the Rajasthan High Court in Chambal Fertilisers and Chemicals Ltd. vs. JCIT had held that education cess is an allowable deduction. The Tribunal had allowed similar claims in the assessee's own case for earlier years (A.Y. 2012-13, 2013-14, and 2015-16). Following these precedents, the Tribunal directed the AO to allow the deduction for education cess. Conclusion: The Tribunal allowed the assessee's appeal in part, directing the deletion of disallowances related to depreciation on goodwill and expenses under Section 14A read with Rule 8D, and allowing the deduction for education cess. The ground regarding penalty proceedings was dismissed as premature. The order was pronounced in the open court on 06.09.2021.
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