2017 (6) TMI 1193 - AT - Income Tax

Tribunal clarifies business loss classification, grants relief on interest deductions, upholds disallowance of depreciation.

Rallison Electricals Pvt. Ltd. Versus The Addl. Commissioner of Income Tax, New Delhi and Deputy Commissioner of Income Tax, Circle : 15 (1), New Delhi Versus Rallison Electricals Pvt. Ltd.

Rallison Electricals Pvt. Ltd. Versus The Addl. Commissioner of Income Tax, New Delhi and Deputy Commissioner of Income Tax, Circle : 15 (1), New Delhi ... Issues Involved:1. Treatment of Business Loss from Commodity Trading as Speculative Loss.2. Notional Addition of Administrative and Finance Costs on Commodity Trading.3. Validity of Deductions under Section 80IC.4. Disallowance of Additional Depreciation on New Plant and Machinery.Detailed Analysis:1. Treatment of Business Loss from Commodity Trading as Speculative Loss:The assessee contested the classification of business loss from commodity trading as speculative loss. The assessee argued that most transactions were settled by actual delivery of commodities, thus not speculative. However, the authorities noted the absence of evidence supporting actual delivery. The Tribunal upheld the classification as speculative loss, citing the lack of substantiating evidence from the assessee.2. Notional Addition of Administrative and Finance Costs on Commodity Trading:The assessee challenged the notional addition of administrative and finance costs. The authorities justified the addition, stating the amounts were nominal. The Tribunal upheld the addition, agreeing with the authorities that the costs were reasonable and justified.3. Validity of Deductions under Section 80IC:The primary issue was the apportionment of expenses between the Baddi unit and other units for deduction purposes under Section 80IC. The authorities had apportioned expenses based on turnover ratios, which the assessee contested, particularly the allocation of interest expenses. The assessee provided a detailed computation of interest based on actual fund usage. The Tribunal upheld the CIT (Appeals) decision to allow partial relief by attributing interest based on actual usage rather than turnover. The Tribunal also upheld the deletion of notional profit attribution and the exclusion of already disallowed expenses from the apportionment. The Tribunal directed the Assessing Officer to recompute the deduction under Section 80IC as per the revised guidelines.4. Disallowance of Additional Depreciation on New Plant and Machinery:The assessee contested the disallowance of additional depreciation on new plant and machinery installed at units other than Baddi. The Tribunal upheld the CIT (Appeals) decision, finding no merit in the assessee's arguments.Conclusion:The Tribunal provided a comprehensive review, upholding the authorities' decisions on speculative loss and notional costs, while granting partial relief on deductions under Section 80IC based on actual interest usage. The disallowance of additional depreciation was also upheld. The appeals were partly allowed for the assessee and dismissed for the Department.