2014 (2) TMI 224 - AT - Income Tax

Tribunal decision: Tax issues clarified, expenses re-computed

Sundaram Asset Management Co. Ltd. Versus Deputy Commissioner of Income-tax

Sundaram Asset Management Co. Ltd. Versus Deputy Commissioner of Income-tax - TMI Issues Involved:1. Disallowance under Section 14A read with Rule 8D.2. Disallowance under Section 40(a)(i) regarding non-deduction of tax at source on payments to a non-resident firm.3. Capitalization of expenses on extension and renovation of building.4. Disallowance of excess depreciation on UPS.5. Investment Management Fee.6. Disallowance under Section 40(a)(ia) on payments made to mutual fund distributors.7. Re-computation of book profit under MAT provisions.8. Levy of interest under Sections 234B and 234D.Detailed Analysis:1. Disallowance under Section 14A read with Rule 8D:The assessee contended that no expenditure was incurred to earn dividends. The Tribunal referred to the decision in Cheminvest Ltd. v. ITO, which held that disallowance under Section 14A applies irrespective of whether any income is earned. The Tribunal directed the Assessing Officer to re-compute disallowance under Section 14A read with Rule 8D after excluding short-term investments, as the capital gains arising from them are taxable. This ground of appeal was partly allowed.2. Disallowance under Section 40(a)(i) regarding non-deduction of tax at source on payments to a non-resident firm:The assessee argued that the payment to M/s. Fund Quest was for advisory services rendered abroad and did not constitute 'Royalty' under the Act. The Tribunal agreed, stating that the payments did not fall under the definition of 'Royalty' as per Explanation 2 to Section 9(1)(vi). Since the services were rendered abroad and no income accrued in India, the assessee was not liable to deduct tax at source. This ground of appeal was allowed.3. Capitalization of expenses on extension and renovation of building:The assessee claimed the expenses as revenue expenditure, while the authorities treated them as capital expenditure. The Tribunal, referring to a similar case (Sundaram BNP Paribas Asset Management Co. Ltd.), held that the expenses were for interior decoration and did not result in any structural change or creation of a new asset. Thus, the expenditure was revenue in nature, and this ground of appeal was allowed.4. Disallowance of excess depreciation on UPS:The assessee claimed depreciation on UPS at 60%, treating it as part of the computer system. The Tribunal noted that various decisions had consistently treated UPS as an integral part of the computer, allowing 60% depreciation. This ground of appeal was allowed.5. Investment Management Fee:The assessee argued that the difference in TDS and actual tax occurred due to excess invoicing, which was later reversed. The Tribunal held that the income which had not accrued to the assessee was not liable to be taxed. The addition made by the Assessing Officer was unjustified, and this ground of appeal was allowed.6. Disallowance under Section 40(a)(ia) on payments made to mutual fund distributors:The Tribunal noted that the commission/brokerage paid to mutual fund distributors was covered under Section 194H, which excludes payments related to securities. The services rendered by the distributors did not qualify as professional or technical services under Section 194J. This ground of appeal was allowed.7. Re-computation of book profit under MAT provisions:The Tribunal acknowledged the assessee's statement that the net profit under normal computation was higher than book profits computed under MAT provisions. Therefore, this ground of appeal was dismissed as academic.8. Levy of interest under Sections 234B and 234D:The Tribunal noted that the levy of interest is consequential in nature. Therefore, this ground of appeal was dismissed.Conclusion:The appeal of the assessee was partly allowed based on the detailed analysis of each issue. The Tribunal provided specific directions and relied on relevant case laws to arrive at its conclusions. The order was pronounced on 19th July 2013 at Chennai.