2010 (10) TMI 1010 - AT - Income Tax

Tribunal Decisions: Partial Allowance, Disallowances Confirmed, Remanded for Verification

Cadbury India Limited Versus J.C.I.T., Mumbai

The Tribunal partially allowed certain claims, confirmed disallowances based on precedents, and remanded issues for further verification. The decisions ... - Issues Involved:1. Disallowance under section 40A(9) for contribution to sports club.2. Disallowance of expenditure on rural development.3. Disallowance of guest house expenditure under section 37(4).4. Computation of deduction under section 80HHC.5. Disallowance of provision for contractual liability towards third-party manufacturers.6. Disallowance of provision for leave encashment.7. Disallowance of provisional fees paid to architects.8. Ad-hoc disallowance of staff welfare expenses.9. Depreciation on repairs to the building.10. Disallowance of bad debts under section 36(1)(vii).11. Addition towards alleged sale of milk fat.12. Withdrawal of appeals for certain assessment years.Detailed Analysis:1. Disallowance under section 40A(9) for contribution to sports club:The assessee challenged the disallowance of Rs. 3,13,241/- under section 40A(9) for contributions to a sports club. The Tribunal followed its earlier decision in the assessee's own case for A.Y. 1994-95, allowing 25% of the expenditure. Consequently, the Tribunal directed the A.O. to allow 25% of the claimed expenditure, partially allowing the assessee's appeal.2. Disallowance of expenditure on rural development:The assessee contested the disallowance of Rs. 89,750/- incurred on rural development activities. The Tribunal referred to its earlier decision for A.Y. 1994-95, where similar disallowance was upheld. Following the precedent, the Tribunal confirmed the disallowance, dismissing the assessee's appeal on this ground.3. Disallowance of guest house expenditure under section 37(4):The assessee claimed Rs. 37,958/- for guest house maintenance and consultancy fees. The Tribunal upheld the disallowance based on its decision for A.Y. 1994-95 and the Supreme Court's ruling in Britania Industries Ltd., confirming the order of the CIT (A) and dismissing the appeal on this issue.4. Computation of deduction under section 80HHC:The A.O. included excise duty, sales tax, and miscellaneous income in the total turnover for computing the deduction under section 80HHC. The Tribunal directed the A.O. to exclude excise duty and sales tax, following the Supreme Court's decision in CIT vs. Laxmi Machine Works. However, it held that miscellaneous income related to the manufacturing activity should be included in the total turnover, partially allowing the appeal.5. Disallowance of provision for contractual liability towards third-party manufacturers:The assessee provided for excise duty liability payable by third-party manufacturers. The Tribunal upheld the disallowance, citing that the liability was contingent and not crystallized during the year. The decision was based on the Tribunal's earlier ruling for A.Y. 1994-95 and legal principles distinguishing between statutory and contractual liabilities.6. Disallowance of provision for leave encashment:The assessee made a provision of Rs. 60,00,000/- for leave encashment based on actuarial valuation. The Tribunal allowed the claim, referencing the Supreme Court's decision in Bharat Earth Movers vs. CIT, which held that provisions based on actuarial valuation are not contingent liabilities. The Tribunal directed the A.O. to allow the deduction.7. Disallowance of provisional fees paid to architects:The assessee claimed Rs. 68,000/- paid to architects for plans related to office shifting. The Tribunal treated the expenditure as revenue, not capital, and directed the A.O. to allow the claim, aligning with the Bombay High Court's decision in IBM - World Trade Corporation vs. CIT.8. Ad-hoc disallowance of staff welfare expenses:The A.O. made an ad-hoc disallowance of Rs. 10,00,000/- from staff welfare expenses, suspecting part of it was for guests. The Tribunal found the disallowance unjustified, noting the expenditure was primarily for employees and occasional government officials. It allowed the appeal, referencing the Andhra Sugar case.9. Depreciation on repairs to the building:The Tribunal upheld the disallowance of depreciation on guest house repairs, following its decision for A.Y. 1994-95 and the Supreme Court's ruling in Britania Industries Ltd., dismissing the appeal on this issue.10. Disallowance of bad debts under section 36(1)(vii):The A.O. disallowed Rs. 10,39,100/- of bad debts, questioning their nature. The Tribunal allowed the claim, following the Supreme Court's decision in T.R. Ltd. vs. CIT and Bombay High Court's rulings in Star Chemicals (Bom) Pvt. Ltd. and Oman International Bank (SAOG), which held that written-off debts need not be proven as bad.11. Addition towards alleged sale of milk fat:The A.O. added Rs. 43,84,558/- for alleged unrecorded milk fat sales based on production log discrepancies. The Tribunal found the addition unjustified, noting no evidence of unrecorded sales and discrepancies in log-sheet assumptions. It deleted the addition, allowing the appeal.12. Withdrawal of appeals for certain assessment years:The assessee withdrew appeals for A.Y. 1995-96 (ITA No.1641/Mum/2003) and A.Y. 1996-97 (ITA No.434/Mum/2003). The Tribunal dismissed these appeals as withdrawn.Conclusion:The Tribunal's decisions involved partially allowing some claims, confirming disallowances based on precedents, and remanding issues for further verification. The judgments emphasized adherence to legal principles and precedents, ensuring fair computation of allowable deductions and disallowances.