2016 (8) TMI 1208 - AT - Income Tax

Appellate Tribunal Upholds Deletion of Addition on Unutilized Revenue Grants

Asst. Commissioner of Income-tax, Circle-12, Ahmedabad Versus Gujarat Rural Industries Marketing Corporation Ltd.

The Appellate Tribunal upheld the deletion of the addition made by the Assessing Officer regarding unutilized revenue grants. The Tribunal found that the ... Addition on account of unutilized revenue grant - Held that:- A.O. is not justified in considering the unspent grant as the income of the appellant company as the amount does not belong to the appellant, and therefore, the entire addition as above is deleted. Issues:1. Correctness of the deletion of an addition made by the A.O. on account of unutilized revenue grant.Analysis:The Revenue challenged the correctness of the order of the Ld. CIT(A) regarding the deletion of the addition made by the A.O. amounting to Rs. 2,37,15,593/- on account of unutilized revenue grant for the assessment year 2010-11. The A.O. had observed that revenue grants were received and utilized during the year, but a balance amount remained unutilized. The A.O. treated the unspent grants as liabilities, dismissing the claim that they should be returned to the Government. The A.O. re-framed the Profit and Loss account and made an addition of the unutilized amount.The assessee contended that the surplus grants received were parked with GSFS and in fixed assets, emphasizing its role as a Government Corporation promoting social welfare schemes. The assessee argued that the unspent grants were not to be treated as income and relied on precedents from the Tribunal and the High Court. The ld. CIT(A) considered the facts, submissions, and previous decisions, including those from the ITAT Ahmedabad Bench, and concluded that the A.O.'s addition was unjustified. The ld. CIT(A) directed the deletion of the added amount based on the principles established in the cited judgments.The Revenue, aggrieved by the decision, approached the Appellate Tribunal. The Tribunal noted that no distinguishing decision favoring the revenue was presented. It acknowledged the precedent set in the assessee's own case for the previous assessment year, where a similar issue had been decided in favor of the assessee. The Tribunal found no error or infirmity in the ld. CIT(A)'s finding and dismissed the appeal filed by the Revenue. The Tribunal upheld the deletion of the addition made by the A.O. regarding the unutilized revenue grant, based on the consistent application of legal principles and precedents.