2015 (3) TMI 926 - AT - Income Tax

Partial Appeal Success: Grounds 2 dismissed, 3 & 4 allowed, 5 for stats. CIT(A) to re-adjudicate.

Rai Bahadur Narain Singh Sugar Mills Ltd. Versus Addl. CIT

Rai Bahadur Narain Singh Sugar Mills Ltd. Versus Addl. CIT - TMI Issues Involved:1. Addition of amount contributed under U.P. Sheera Niyantran Adhiniyam to 'Book Profit' under section 115JB.2. Addition of capital subsidy to book profits under section 115JB.3. Disallowance of depreciation claimed on discarded assets.4. Treatment of miscellaneous receipts under the head income from other sources and eligibility for deduction under section 80 IC.Issue-wise Detailed Analysis:Ground No. 2: Addition of Amount Contributed under U.P. Sheera Niyantran Adhiniyam to 'Book Profit' under Section 115JBThe assessee contended that the amount contributed under U.P. Sheera Niyantran Adhiniyam should not be added to the 'Book Profit' as it is an allowable expenditure and the assessee has no right over the amount transferred due to overriding title. The respondent argued that the contribution is a contingent provision and does not represent a diversion of income due to overriding obligation. The Tribunal upheld the CIT(A)'s decision, noting that the amount was transferred to a reserve not specified under section 33AC, thus requiring an increase in book profit as per Explanation 1 to section 115JB. The Tribunal also referenced the Supreme Court's decision in State Bank of Patiala, emphasizing that the reserve is not an expense laid out for business purposes and is contingent in nature. Therefore, the addition was justified, and the ground was dismissed.Ground No. 3: Addition of Capital Subsidy to Book Profits under Section 115JBThe assessee argued that the capital subsidy should not be added to book profits as it is not an appropriation of profits. The Tribunal observed that the subsidy was treated as capital in nature by the ITAT and upheld by the High Court in the assessee's earlier case. The Tribunal emphasized that the AO must accept the authenticity of accounts maintained as per the Companies Act, certified by auditors, and approved by the company in its AGM. The Tribunal cited the Supreme Court decisions in CIT vs HCL Comnet Systems & Services Ltd. and Apollo Tyres Ltd. to support this view. The Tribunal concluded that the capital subsidy should not be added to book profits, allowing the assessee's ground.Ground No. 4: Disallowance of Depreciation Claimed on Discarded AssetsThe assessee claimed depreciation on discarded assets, which was denied by the AO and upheld by the CIT(A), arguing that the assets were not used for business purposes. The Tribunal referred to the Delhi High Court's decisions in CIT vs Oswal Agro Mills Ltd. and CIT vs Yamaha Motor India Pvt. Ltd., which recognized passive use of assets for business purposes. The Tribunal concluded that the AO was not justified in disallowing depreciation on discarded assets, allowing the assessee's ground.Ground No. 5: Treatment of Miscellaneous Receipts under the Head Income from Other Sources and Eligibility for Deduction under Section 80 ICThe assessee contended that the CIT(A) enhanced the addition of miscellaneous receipts without issuing a notice or providing an opportunity for hearing, violating principles of natural justice. The Tribunal noted that the CIT(A) disallowed the entire amount as income from other sources without due process. The Tribunal restored the issue to the CIT(A) for fresh adjudication, ensuring due opportunity for the assessee. This ground was allowed for statistical purposes.Summary:The appeal was partly allowed. Ground No. 2 was dismissed, Ground Nos. 3 and 4 were allowed, and Ground No. 5 was allowed for statistical purposes, requiring fresh adjudication by the CIT(A). The Tribunal emphasized adherence to legal provisions and principles of natural justice.