2012 (6) TMI 513 - AT - Income Tax

Tribunal decision favors assessee, allows deductions and dismisses revenue's appeal.

RR KABEL LTD Versus ADDL COMMISSIONER OF INCOME TAX

RR KABEL LTD Versus ADDL COMMISSIONER OF INCOME TAX - [2012] 54 SOT 374 Issues Involved:1. Adjustment of excise duty and VAT under Section 145A.2. Disallowance of deduction under Section 80IB in respect of interest income.3. Disallowance of netting of interest.4. Disallowance of software expenses, business loss on discontinuation of assignment for installation of software system, and website expenses.5. Relief allowed by CIT(A) in allowing export incentives.6. Deletion of disallowance of foreign currency loss.Issue-wise Detailed Analysis:1. Adjustment of Excise Duty and VAT under Section 145A:The AO observed that the assessee did not include excise duty in the valuation of closing stock and added various amounts to the total income. The CIT(A) held that resultant changes must be added to the assessee's income, and VAT is payable at the time of sales, not on closing stock. The Tribunal found that the AO's addition was not justified as the assessee followed a consistent method of accounting, and there was no change in the accounting system. The Tribunal upheld the deletion of the addition of Rs. 1,13,19,681/- and remanded the matter of other additions to the AO for verification.2. Disallowance of Deduction under Section 80IB in Respect of Interest Income:The AO disallowed the deduction claimed by the assessee under Section 80IB for interest income, assessing it under 'income from other sources.' The CIT(A) upheld this decision, referring to the Supreme Court's decision in Liberty India. The Tribunal agreed that the assessee is not entitled to deduction under Section 80IB for interest income but allowed the deduction of interest paid on borrowed funds under Section 57(iii).3. Disallowance of Netting of Interest:The CIT(A) did not adjudicate on the issue of netting of interest. The Tribunal remanded the matter to the CIT(A) for fresh adjudication in light of the Supreme Court decision in ACG Associated Capsules Pvt. Ltd.4. Disallowance of Software Expenses, Business Loss on Discontinuation of Assignment for Installation of Software System, and Website Expenses:The AO treated software expenses as capital expenditure. The Tribunal, following various judicial precedents, held that software expenses are revenue in nature and allowable as business expenditure. The Tribunal also allowed the business loss of Rs. 5,00,000/- incurred due to discontinuation of the ERP system installation as a business loss. Website expenses were also allowed as revenue expenditure.5. Relief Allowed by CIT(A) in Allowing Export Incentives:The AO treated export incentives as separate income, while the CIT(A) held that these were correctly reduced from raw material costs. The Tribunal upheld the CIT(A)'s order, finding no contrary material from the Revenue.6. Deletion of Disallowance of Foreign Currency Loss:The AO disallowed the foreign exchange loss, considering it as capital in nature. The CIT(A) allowed the loss, stating it was related to working capital. The Tribunal upheld the CIT(A)'s decision, relying on Supreme Court judgments in Woodward Governor India P. Ltd. and ONGC Ltd., which allow such losses as revenue expenditure.Conclusion:The assessee's appeal was partly allowed for statistical purposes, and the Revenue's appeal was dismissed. The Tribunal's decision was based on consistent accounting methods, judicial precedents, and proper verification of facts and figures.