2013 (10) TMI 1225 - HC - Income Tax

High Court ruling favors assessee on warranty liability & software purchase but against on doubtful debts & interest.

Commissioner of Income-tax Versus IBM India Ltd.

Commissioner of Income-tax Versus IBM India Ltd. - [2013] 357 ITR 88 Issues:1. Whether provision made for warranty liability should be allowed as a revenue expenseRs.2. Whether the purchase of software should be treated as revenue expenditureRs.3. Whether provision for doubtful debts should be reduced while computing book profit under section 115JARs.4. Whether interest under section 234B is liable when income is computed under section 115JARs.Analysis:Issue 1: Provision for Warranty LiabilityThe Tribunal held that the liability to pay for warranty claims arises when sales are made, allowing the provision as a revenue expenditure. The assessee consistently provided for warranty liability based on scientific calculation, justifying the deduction under section 37 of the Income-tax Act. The Tribunal's decision was based on evidence and past experience, affirming that the condition stipulated by the apex court was fulfilled.Issue 2: Purchase of SoftwareThe Tribunal classified the expenditure on software as revenue expenditure, emphasizing that it enhanced operational efficiency without resulting in the acquisition of a capital asset. The software's nature, purpose, and benefit were considered, leading to the conclusion that it should be treated as revenue expenditure. The Tribunal's decision aligned with previous court rulings and principles of profit earning and capital expenditure.Issue 3: Provision for Doubtful DebtsThe dispute centered on whether the provision for bad and doubtful debts should be added to the book profit under section 115JA. The Tribunal held that such provision did not constitute meeting liabilities other than ascertained liabilities, thus not increasing the book profit. However, the court referred to a previous judgment clarifying that such provisions should be added to the book profit, leading to a ruling in favor of the Revenue and against the assessee.Issue 4: Interest under Section 234BThe Supreme Court's interpretation clarified that interest under sections 234B and 234C applied to tax payable under section 115JA/115JB, including in cases of failure to pay advance tax. The Tribunal's decision was set aside based on the authoritative pronouncements, ruling in favor of the Revenue and against the assessee.In conclusion, the High Court partially allowed the appeal, addressing key issues related to warranty liability, software purchase, doubtful debts provision, and interest payment under section 234B. The judgments were based on legal interpretations, past precedents, and the specific provisions of the Income-tax Act, ensuring a comprehensive analysis of each issue involved.