2013 (3) TMI 120 - AT - Income Tax

Assessee's Appeals Partly Allowed, Issues Remanded for Fresh Adjudication

Rishiroop Rubber International Ltd. Versus The Dy Commr of Income Tax, Cir 3(3), Mumbai

Rishiroop Rubber International Ltd. Versus The Dy Commr of Income Tax, Cir 3(3), Mumbai - TMI Issues Involved:1. Disallowance under section 14A read with Rule 8D.2. Disallowance of depreciation on plant and machinery.3. Disallowance of claim of obsolete stock.4. Recasting of Audited Profit & Loss Account for calculating MAT under section 115JB.5. Levy of interest under section 234B on MAT.6. Non-consideration of written submissions and documents by CIT(A).7. Additional ground regarding unabsorbed depreciation or unabsorbed loss.Issue-wise Detailed Analysis:1. Disallowance under section 14A read with Rule 8D:The assessee contested the disallowance of Rs. 3,23,098 under section 14A read with Rule 8D. The Tribunal noted that Rule 8D is applicable prospectively from Assessment Year 2008-09. Therefore, the matter was remanded back to the Assessing Officer for fresh adjudication in light of the decision in Godrej Boyce Mfg Co Ltd vs DCIT.2. Disallowance of depreciation on plant and machinery:For AY 2006-07, the assessee claimed depreciation on assets that were part of a block of assets but not used due to the closure of the manufacturing activity. The Assessing Officer disallowed the claim, and the CIT(A) upheld this decision, noting that the assessee had accepted the disallowance in a revised computation of income. The Tribunal found no merit in the assessee's claim, stating that once assets are discarded and compensation received, the provisions of section 32(1)(iii) apply. The Tribunal dismissed the ground for AY 2006-07 and similarly for AY 2007-08.3. Disallowance of claim of obsolete stock:For AY 2007-08, the assessee wrote off stock value of Rs. 4,82,213 as obsolete. The Assessing Officer disallowed the claim, noting that the inventory was not actually disposed of and the Board resolution declaring the stock obsolete was passed after the closing of the accounting period. The CIT(A) upheld this decision. The Tribunal found no error in the lower authorities' findings and dismissed the ground.4. Recasting of Audited Profit & Loss Account for calculating MAT under section 115JB:The assessee challenged the adjustment made by the Assessing Officer in calculating book profit under section 115JB. The Tribunal noted that the depreciation on discarded assets was not as per the Companies Act or AS-6. The Tribunal upheld the lower authorities' decision, stating that the Assessing Officer has the power to examine whether accounts are maintained as per the Accounting Standards and Companies Act provisions. The Tribunal dismissed the ground.5. Levy of interest under section 234B on MAT:The Tribunal noted that the issue of levying interest under section 234B on MAT is covered against the assessee by the Supreme Court decision in Joint Commissioner of Income-tax v. Rolta India Ltd. The Tribunal decided this issue against the assessee.6. Non-consideration of written submissions and documents by CIT(A):The assessee claimed that the CIT(A) did not consider the written submissions and documents filed. The Tribunal did not specifically address this issue separately, implying that it found no merit in the claim.7. Additional ground regarding unabsorbed depreciation or unabsorbed loss:The assessee raised an additional ground concerning the determination of book profit under section 115JB without reducing unabsorbed depreciation or unabsorbed loss. The Tribunal remitted this issue to the Assessing Officer for verification and decision in accordance with the law.Conclusion:The appeals filed by the assessee were partly allowed, with specific issues remanded back to the Assessing Officer for fresh adjudication and verification. The Tribunal upheld the disallowance of depreciation and claim of obsolete stock and confirmed the levy of interest under section 234B on MAT.