2023 (6) TMI 732 - AT - Income Tax

Denial of claim of loss or to categorize certain expenses as pre-operative expenses - commencement of business during the year - assessee s business was set up or not - HELD THAT - The brokerage and commission expenses were paid to property consultants for taking apartment on lease for the director or recruitment of employees. Business promotion expenses were towards vendor selection and development. While the vehicle running expenses are in the nature of fuel and maintenance of the vehicles own by the appellant company and use for the business purpose. The research and development expenses were towards samples of products/ accessories for testing purpose before placing a purchase order and all this are intricate to the nature of business activity of the assessee. Thus the bench is of considered opinion that Tax Authorities below fallen in error in concluding that assessee s business was not set up during previous year to deny the claim of loss or to categorize certain expenses as pre-operative expenses. The appeal of assessee is allowed.

Summary

Issues Involved:
1. Whether the assessee had commenced its business during the relevant previous year.
2. The correctness of the disallowances made by the AO and further enhancements by the CIT(A).
3. The treatment of interest income and foreign exchange gain as 'income from other sources'.

Summary:

Issue 1: Commencement of Business
The primary issue was whether the assessee had commenced its business during the previous year relevant to AY 2013-14. The CIT(A) upheld the AO's observation that the assessee had not commenced its business, as there was no investment in plant and machinery. The Tribunal noted that the nature of the assessee's business, which involved procurement and manufacturing of automobile accessories, did not necessitate immediate installation of plant and machinery. The Tribunal found that the assessee had initiated negotiations and placed purchase orders, indicating that business activities had commenced. The Tribunal cited the Delhi High Court's judgment in CIT vs. Samsung India Electronics Ltd., which held that business commences with the first purchase of stock-in-trade.

Issue 2: Disallowances and Enhancements
The AO had disallowed expenses related to group commission, business promotion, vehicle running, and R&D, totaling Rs. 12,25,073/-, on the grounds that the business had not commenced. The CIT(A) further enhanced the income by Rs. 12,78,138/- as 'income from other sources' and disallowed the carry forward of business losses. The Tribunal found that the expenses were integral to the business activities and that the CIT(A) erred in not considering the evidence provided by the assessee. The Tribunal set aside the disallowances and enhancements made by the AO and CIT(A).

Issue 3: Treatment of Interest Income and Foreign Exchange Gain
The CIT(A) treated the interest income and foreign exchange gain as 'income from other sources' and disallowed the business loss carry forward. The Tribunal held that certain expenses necessary for earning the interest income and foreign exchange gain should be allowed under Section 57(iii) of the IT Act. The Tribunal directed that 25% of the income from other sources be considered as expenses related to earning that income.

Conclusion:
The Tribunal concluded that the assessee's business was set up during the relevant previous year, allowing the claim of losses and setting aside the disallowances and enhancements made by the AO and CIT(A). The appeal of the assessee was allowed in full.