2012 (10) TMI 241 - AT - Income Tax

Tribunal ruling favors assessee on various expenses, upholds some disallowances.

ELECON ENGINEERING COMPANY LTD Versus ASSTT COMMISSIONER OF INCOME TAX

ELECON ENGINEERING COMPANY LTD Versus ASSTT COMMISSIONER OF INCOME TAX - TMI Issues Involved:1. R.T.O. Tax Expenses2. Legal Incidental Expenses3. Commission by way of Gift Cheque4. Professional Service Charges5. Website Expenses6. Sales Promotion/Export Expenses7. Entertainment Expenses8. Gift Presentation Articles9. General Repairs Expenses10. Inflated Job Work ExpensesIssue-wise Detailed Analysis:1. R.T.O. Tax Expenses:The assessee challenged the disallowance of Rs. 384,550/- for R.T.O. tax expenses on a new car, arguing it should be a revenue expense. The Tribunal found that R.T.O. tax, similar to fuel expenses, is necessary for running the car and does not create a capital asset. Therefore, it is a revenue expenditure. The Tribunal allowed this ground in favor of the assessee.2. Legal Incidental Expenses:The assessee contested the disallowance of Rs. 137,898/- (25% of total legal incidental expenses). The Tribunal noted that the expenses were supported by vouchers and audited, but some personal or inadmissible expenditures could not be ruled out. The Tribunal reduced the disallowance to 10% of the total expenses, allowing partial relief to the assessee.3. Commission by way of Gift Cheque:The disallowance of Rs. 55,700/- paid as a gift cheque to Mr. Vivek B. Ajri was upheld. The Tribunal found that the assessee failed to explain the business purpose of the payment and why it was made as a gift cheque instead of a normal cheque. The Tribunal rejected this ground.4. Professional Service Charges:The disallowance of Rs. 1,25,000/- paid to Mr. Firoz Alam for servicing gearboxes was upheld. The Tribunal found that the assessee could not provide sufficient details about the service, such as the specific sugar plants serviced or the necessity of the expenses. The Tribunal rejected this ground.5. Website Expenses:The disallowance of Rs. 5,57,650/- for developing and maintaining the company's website was contested. The Tribunal, referencing the Delhi High Court judgment in CIT vs. Indian Visit.Com Private Limited, held that website development expenses are revenue in nature as they do not create a fixed capital asset. This ground was allowed in favor of the assessee.6. Sales Promotion/Export Expenses:The disallowance of Rs. 13,16,836/- paid to Mr. Terry Hall as retainership fees was upheld. The Tribunal found that the expense was related to setting up a subsidiary company in Australia, which should be considered preliminary expenses of that subsidiary. The Tribunal rejected this ground.7. Entertainment Expenses:The disallowance of Rs. 150,000/- (1/3rd of total entertainment expenses) was contested. The Tribunal found the disallowance excessive and reduced it to 1/5th of the total expenses (Rs. 90,000/-), providing partial relief to the assessee.8. Gift Presentation Articles:The disallowance of Rs. 92,904/- for gift presentation expenses was upheld. The Tribunal noted that some expensive gifts, such as a television and jewelry, could not be justified as business expenses. The Tribunal rejected this ground.9. General Repairs Expenses:The disallowance of Rs. 57,646/- for general repairs expenses was contested. The Tribunal found that the expenses, although related to earlier years, were claimed in the present year due to a dispute. It held that expenses crystallizing in the present year should be allowed. This ground was allowed in favor of the assessee.10. Inflated Job Work Expenses:The disallowance of Rs. 5,34,579/- for job work expenses was contested. The Tribunal found that the matter required further verification and restored it to the Assessing Officer for a fresh decision, directing the assessee to establish the actual expenses debited. This ground was allowed for statistical purposes.Conclusion:The appeal was partly allowed, with specific grounds decided in favor of the assessee and others upheld or remanded for further verification.