2014 (11) TMI 263 - AT - Income Tax

ITAT decision: Service income classification, royalty deduction, lease rent disallowance, software expenses categorization

Yum! Restaurants (India) Private Ltd Versus ITO, Ward 18 (1), New Delhi

Yum! Restaurants (India) Private Ltd Versus ITO, Ward 18 (1), New Delhi - TMI Issues Involved:1. Classification of service income from YRAPL as 'income from other sources' vs. 'business income.'2. Disallowance of royalty expenditure paid to YRAPL.3. Hypothetical disallowance of administrative expenses attributable to YRMPL.4. Disallowance of lease rent paid for rent-free accommodation of the managing director.5. Disallowance of tax depreciation claim under Section 32.6. Disallowance of software expenses by categorizing them as capital expenditure.Issue-wise Detailed Analysis:1. Classification of Service Income:The assessee contested the classification of service income from YRAPL as 'income from other sources' instead of 'business income.' The ITAT referenced its previous decisions, which consistently treated similar income as business income due to the continuous and systematic nature of the services provided since 1998-99. The ITAT emphasized that the main objects clause of the assessee's memorandum of association supports the classification as business income. Consequently, the ITAT upheld that the service income should be classified as 'business income.'2. Disallowance of Royalty Expenditure:The assessee challenged the disallowance of a portion of royalty expenditure paid to YRAPL. The ITAT referred to its earlier rulings, which allowed such expenditures as business expenses. The ITAT noted that the royalty payments were made under a technology license agreement approved by the Government of India and were within the prescribed limits. The payments were necessary for the assessee's business operations and were considered genuine business expenditures. Thus, the ITAT allowed the full deduction of the royalty expenditure.3. Hypothetical Disallowance of Administrative Expenses:The assessee disputed the hypothetical disallowance of administrative expenses attributed to its subsidiary, YRMPL. The ITAT reiterated its previous decisions, which recognized that YRMPL, a not-for-profit entity, was set up to handle advertising and promotional activities for the assessee and its franchisees. The ITAT found no basis for allocating 50% of the assessee's administrative expenses to YRMPL, as the expenses were directly related to the assessee's business operations. Therefore, the ITAT allowed the full deduction of the administrative expenses.4. Disallowance of Lease Rent:The assessee objected to the disallowance of lease rent paid for the managing director's accommodation. The ITAT upheld its earlier decision, which allowed only a portion of the rent as reasonable and disallowed the excess amount as excessive under Section 40A(2)(b). The ITAT found the rent paid to be excessive compared to the fair market value and upheld the disallowance of the excess amount.5. Disallowance of Tax Depreciation Claim:The assessee contested the disallowance of a portion of its tax depreciation claim. The ITAT referred to its prior rulings, which allowed depreciation on assets used for business purposes, including those provided to employees. The ITAT emphasized that under the block of assets concept, individual assets lose their identity, and physical possession is not essential for claiming depreciation. Therefore, the ITAT allowed the full depreciation claim.6. Disallowance of Software Expenses:The assessee challenged the disallowance of software expenses categorized as capital expenditure. The ITAT upheld its earlier decision, which treated software expenses as capital expenditure but directed the Assessing Officer to verify whether the expenses were for upgradation or acquisition of new software. The ITAT also directed that depreciation should be allowed on the capitalized software expenses.Conclusion:The ITAT's judgment addressed each issue comprehensively, often referencing its prior decisions to ensure consistency. The ITAT allowed the assessee's appeals on most grounds, emphasizing the continuous and systematic nature of the business activities, the necessity of the expenditures for business operations, and adherence to the block of assets concept for depreciation claims. The disallowance of lease rent was partially upheld, and the issue of software expenses was remanded for further verification.