2014 (8) TMI 976 - AT - Income Tax

Tribunal allows deduction for product development expenses & section 80-IB eligibility. Revenue appeal dismissed.

Parle Agro Pvt. Ltd. Versus Asstt. Commissioner of Income Tax Circle–25, Mumbai

Parle Agro Pvt. Ltd. Versus Asstt. Commissioner of Income Tax Circle–25, Mumbai - [2014] 36 ITR (Trib) 124 (ITAT [Mum]) Issues Involved:1. Disallowance of interest on interest-free advances to a subsidiary company.2. Disallowance of product development expenses.3. Eligibility for deduction under section 80-IB.4. Deletion of addition on account of market research expenses.Issue-Wise Detailed Analysis:1. Disallowance of Interest on Interest-Free Advances to a Subsidiary Company:The assessee's appeal on this ground was dismissed as 'not pressed' by the learned senior counsel representing the assessee. Consequently, this issue was not considered further in the judgment.2. Disallowance of Product Development Expenses:The assessee-company, engaged in the business of manufacturing and sale of fast-moving consumer goods, had debited product development expenses. The Assessing Officer disallowed these expenses, treating them as capital in nature, but allowed depreciation at 25%. The learned Commissioner (Appeals) partially allowed the expenses, treating some items as revenue and others as capital. The Tribunal held that the expenses for designing packaged drinking water bottles and changing the color of caps were incurred frequently to stay competitive and did not provide an enduring benefit. Hence, these expenses were treated as revenue expenditure, and the disallowance was deleted.3. Eligibility for Deduction under Section 80-IB:The assessee raised an additional ground regarding eligibility for deduction under section 80-IB. The Tribunal noted that the claim was not shown in the computation of income due to carried forward losses, but the assessee was otherwise eligible for the deduction. The Tribunal directed the Assessing Officer to examine the claim if the High Court's decision on the carried forward losses resulted in positive income for the assessee. Thus, the additional ground was allowed for statistical purposes.4. Deletion of Addition on Account of Market Research Expenses:The Revenue's appeal challenged the deletion of an addition made on account of market research expenses, which the Assessing Officer had treated as capital expenditure. The Tribunal upheld the learned Commissioner (Appeals)'s decision, noting that the expenses were incurred for market research on existing products to understand consumer preferences and were essential for the business. These expenses were routine and did not lead to the creation of new products or brands, thus qualifying as revenue expenditure. Consequently, the Revenue's appeal was dismissed.Conclusion:The assessee's appeal was partly allowed, with the disallowance of product development expenses being deleted and the additional ground regarding section 80-IB being allowed for statistical purposes. The Revenue's appeal was dismissed, affirming the deletion of the addition on account of market research expenses.