2014 (5) TMI 581 - AT - Income Tax

ITAT Mumbai Upholds Assessee's Position on Taxability of Sales Tax Liability Remission

ACIT- 10(3), Mumbai Versus M/s. Colgate Palmolive (India) Ltd.

The ITAT Mumbai dismissed the Revenue's appeal regarding the taxability of remission/cessation of sales tax liability under section 41(1) of the Income ... Remission/cessation of sales tax liability u/s 41(1) of the Act - Whether the differential amount represents the actual loan amount and the present value of the future liability paid by the assessee is on capital account and not taxable u/s 41(1) or any other provision of the Act – Held that:- Following DCIT Versus Colgate Palmolive India Ltd. [2012 (5) TMI 434 - ITAT, Mumbai] - payment of net present value of the future liability cannot be classified as remission or cessation of the liability so as to attract provisions of section 41(1)(a) of the Act - the differential amount representing the actual loan amount and the present value of the future liability paid by the company is on capital account and not taxable u/s 41(1) or any other provision of the Act – Revenue could not brought any contrary decision while challenging the order passed by the CIT(A) - thus, the order of the CIT(A) is upheld – Decided against Revenue. Issues:1. Taxability of remission/cessation of sales tax liability under section 41(1) of the Income Tax Act, 1961.2. Classification of the differential amount as on capital account and not taxable under section 41(1) or any other provision of the Income Tax Act, 1961.Analysis:1. The appeal filed by the Revenue pertains to the assessment year 2004-05. The grounds raised include the contention that the Assessing Officer should have taxed the remission/cessation of sales tax liability of Rs. 32,59,000 under section 41(1) of the Income Tax Act, 1961. The learned CIT(A) had ruled in favor of the assessee, holding that the amount representing the actual loan amount and the present value of the future liability paid by the assessee is not taxable under section 41(1) or any other provision of the Act. This decision was based on the precedent set by the ITAT Special Bench in the case of Sulzer India Ltd. vs. DCIT, where it was established that such payments do not constitute remission or cessation of liability under section 41(1)(a).2. During the hearing, the counsel for the assessee referred to a similar issue decided by the ITAT 'C' Bench, Mumbai in the assessee's own case for the previous assessment year 2003-04. The decision in that case, following the precedent set by the ITAT Special Bench in the Sulzer India Ltd. case, favored the assessee. The CIT(A) also relied on the same precedent and held that the payment in question is on capital account and not taxable under section 41(1) or any other provision of the Income Tax Act. The absence of any contradictory view presented by the Revenue led the ITAT to conclude that the CIT(A)'s order was appropriate and did not require intervention. Consequently, the appeal filed by the Revenue was dismissed, upholding the decision in favor of the assessee.In conclusion, the judgment by the ITAT Mumbai addressed the taxability of remission/cessation of sales tax liability under section 41(1) of the Income Tax Act, 1961, and the classification of a differential amount as on capital account, ultimately ruling in favor of the assessee based on established legal precedents and lack of contradictory evidence presented by the Revenue.