2000 (1) TMI 996 - AT - Income Tax

Appellate Tribunal Grants Deductions in Tax Appeal

The Appellate Tribunal partially allowed the appeal in a tax case, granting deductions for Provident Fund contributions and a reduced disallowance under ... - Issues:1. Disallowance under section 37(2A) of the Income-tax Act.2. Disallowance of expenditure on stamp duty for lease deed.3. Disallowance under section 43B for Provident Fund contributions.Issue 1: The first issue pertains to the disallowance under section 37(2A) of the Income-tax Act. The appellant contested the disallowance of Rs. 10,000 by the CIT(A) and argued for the allowance of a basic deduction. The Appellate Tribunal allowed a statutory deduction of Rs. 5,000, considering the circumstances of the case.Issue 2: The second issue involves the disallowance of Rs. 1,32,020 for stamp duty on a lease deed for a factory building. The Assessing Officer disallowed the claim citing the capital nature of the expenditure, supported by legal precedents. The appellant argued that expenses on assets obtained on lease should be allowable as revenue deductions, citing various decisions, including those by the Hon'ble Bombay High Court. However, the Tribunal held that the expenditure was not allowable as revenue expenditure, following the decision of the Hon'ble Supreme Court in Gobind Sugar Mills Ltd.Issue 3: The final issue concerns the disallowance of Rs. 53,260 under section 43B, including Provident Fund contributions. The appellant contended that the Provident Fund contribution should be allowed as a deduction in the subsequent year when paid, which was accepted by the Tribunal. The Tribunal also allowed a deduction of Rs. 44,987 as it was paid before the due date for filing the return, in line with the decision in Allied Motors (P.) Ltd. v. CIT. Consequently, the Tribunal partly allowed the appeal, granting deductions for the Provident Fund contribution and the balance amount, subject to specified conditions.