2009 (11) TMI 481 - HC - Income Tax

Revenue expenditure - Expenses on account of strategic management consultancy fee - revision u/s 263 - erroneous order - in view of ITAT the expenses on account of strategic management consultancy fee claimed as revenue expenditure is correct - A possible view of the matter thus was taken by the AO accepting the claim of the assessee on this issue while completing the assessment u/s 143(3) and we, therefore, agree with the contention of the ld Counsel of the assessee raised before us that it was not permissible for the ld. CIT u/s 263 to substitute such possible view taken by the AO with his own view merely on the basis of some comments made in the audit report which otherwise also were not conclusive in this regard. - Held that There is no merit in the appeal - revenue appeal dismissed

Summary

Issues:
1. Assessment under Sections 143(3) and 115JA of the Income Tax Act.
2. Orders passed under Section 263 of the Act challenging expenditure and deductions.
3. Appeal before the Income Tax Appellate Tribunal (ITAT) against the CIT's order.

Analysis:
1. The Assessing Officer framed the assessment under Sections 143(3) and 115JA of the Income Tax Act, assessing income at different amounts. The CIT, under Section 263 of the Act, challenged the allowance of strategic management consultancy fee as revenue expenditure and various deductions under Chapter VI-A. The CIT considered the AO's order erroneous and prejudicial to the interest of Revenue.

2. The ITAT considered the first issue regarding the consultancy fee. The Tribunal noted that the AO's decision was based on a possible view, considering the judgment of the Supreme Court. The Tribunal found no basis for revising the AO's order under Section 263. The second issue was not addressed by the Tribunal, as the CIT's order on that ground was maintained.

3. The Tribunal's view on the consultancy fee as revenue expenditure was upheld. The Tribunal emphasized that the AO had considered the issue during assessment, accepting the claim based on submissions and relevant legal precedents. The Tribunal agreed that the CIT could not substitute the AO's possible view with his own based on inconclusive audit comments. The nature of the expenditure, even if enduring, justified its treatment as a deduction in the revenue field for income tax purposes. Therefore, the Tribunal found no error causing prejudice to Revenue in the AO's decision to allow the deduction.

In conclusion, the appeal was dismissed as no merit was found in challenging the AO's decision on the consultancy fee. The Tribunal's decision was upheld, emphasizing the importance of considering all aspects of the expenditure and relevant legal precedents in determining tax deductions.