2012 (12) TMI 572 - AT - Income Tax

Tribunal Upholds CIT(A) Decision on Capital Expenditure & Remuneration Disallowance

The Tribunal upheld the Commissioner of Income-tax (Appeals) [CIT(A)]'s decision to delete the addition on account of capital expenditure on repairs and ... Capital expenditure or revenue expenditure - huge expenditure towards machinery / plant made, which extended the life time - the assessee is engaged in the business of manufacturing of automotive gaskets, radiators & CFJS at its units. - held that:- Expenses that were incurred on purchase of band knives for use in splitting machine. - The nature of the item indicates that it is spare parts which require frequent replacement. - the expenditure was incurred on removing the roller jammed in order to make it functional. Therefore, this amount was also considered as revenue expenditure. - In respect of item No. 4, no new asset came into existence which was capable of producing any saleable items. - Decided in favor of assessee. Remuneration to Direction - disallowance u/s 40A(2)(b) - held that:- Shri R.R. Biswas is a qualified person and he was employed in a professional capacity with the assessee-company and there was increase in the sales by 26.87% in the current year as compared to earlier year, this finding of the fact is not rebutted by the Revenue - Expenditure allowed - Decided in favor of assessee. Issues Involved:1. Deletion of addition made on account of capital expenditure on repairs and maintenance of machinery.2. Deletion of addition made on account of disallowance of remuneration paid to the Executive Director.Issue-wise Detailed Analysis:1. Deletion of Addition on Account of Capital Expenditure on Repairs and Maintenance of Machinery:The Revenue's first ground of appeal concerns the deletion of an addition amounting to Rs.15,86,947/- made by the Assessing Officer (AO) on the grounds that the expenses were of a capital nature. The AO had disallowed these expenses, which were related to the purchase of band knives, chilled cast iron roller barrel, and calendar roller shaft, arguing that these expenditures extended the life and efficiency of the machinery, thus providing an enduring benefit.The Commissioner of Income-tax (Appeals) [CIT(A)] disagreed with the AO, stating that the expenses were for the replacement of worn-out parts and did not result in the creation of a new asset. The CIT(A) relied on various judicial precedents, including the Supreme Court's judgment in Saravana Spinning Mills, which held that the replacement of parts of a larger machine constitutes revenue expenditure if it preserves the existing asset without enhancing its value.The Tribunal upheld the CIT(A)'s decision, noting that the expenses were for essential parts that required frequent replacement and did not increase the productivity or lifespan of the machinery. The Tribunal found no infirmity in the CIT(A)'s order and dismissed the Revenue's appeal on this ground.2. Deletion of Addition on Account of Disallowance of Remuneration Paid to the Executive Director:The second ground of appeal by the Revenue pertained to the deletion of an addition of Rs.6,01,457/- made by the AO on account of disallowance of remuneration paid to the Executive Director. The AO had disallowed the excess remuneration, considering it excessive and unreasonable under Section 40A(2)(b) of the Income-tax Act, 1961.The CIT(A) observed that the AO did not doubt the genuineness of the payment or the rendering of services by the Executive Director, Mr. R.R. Biswas, who was a qualified professional. The CIT(A) noted that there was a significant increase in the company's sales by 26.87% in the current year compared to the previous year, justifying the increase in remuneration. Additionally, the CIT(A) found no evidence from the AO that the remuneration was excessive or unreasonable in relation to the fair market value of the services rendered.The Tribunal agreed with the CIT(A)'s findings and dismissed the Revenue's appeal on this ground, emphasizing that the AO failed to provide any basis for considering the remuneration excessive or unreasonable.Combined Result:The Tribunal dismissed the Revenue's appeal and also dismissed the assessee's Cross Objection (CO) for want of prosecution, as no reasonable cause was shown for seeking adjournment.In conclusion, the Tribunal upheld the CIT(A)'s order, confirming that the expenses on repairs and maintenance were revenue in nature and that the remuneration paid to the Executive Director was justified and not excessive.