2015 (5) TMI 72 - AT - Income Tax

Tribunal Rulings: Tax-Free Bonds, Depreciation, Pension Payments, Capital Expenditure

The Karur Vysya Bank Ltd. Versus The Assistant Commissioner of Income Tax, Company Circle I, Tiruchirapalli and vice-versa

The Karur Vysya Bank Ltd. Versus The Assistant Commissioner of Income Tax, Company Circle I, Tiruchirapalli and vice-versa - [2013] 25 ITR (Trib) 731 ... Issues Involved:1. Disallowance of Expenditure on Tax-Free Income2. Depreciation on Leased Assets3. Direct Pension Payments4. Software Expenses5. Filing Fees for Increasing Authorized Capital6. Provision for Wage Revision7. Excess Cash Addition8. Depreciation on Investments9. Interest on Purchase of Securities10. Bad Debts11. Unclaimed Balances12. Ex Gratia Payments to Employees13. Pooja Expenses14. Amortization Expenses15. Loss on Sale of Mutual Funds16. Deduction on Rural AdvancesDetailed Analysis:1. Disallowance of Expenditure on Tax-Free Income:The assessee claimed exempt income without attributing any expenditure, which the Assessing Officer (AO) disallowed by following an apportionment formula. The Commissioner of Income-tax (Appeals) [CIT(A)] restricted the disallowance to 2% of the tax-free bonds. The Tribunal upheld the CIT(A)'s decision, citing the jurisdictional High Court's precedent that a 2% disallowance is reasonable.2. Depreciation on Leased Assets:The AO disallowed the depreciation on leased assets, which was partially upheld by the CIT(A). The Tribunal noted that the issue for the first assessment year (1996-97) was pending and held that the CIT(A)'s partial allowance was correct, rejecting both the assessee's and the Revenue's appeals on this issue.3. Direct Pension Payments:The AO disallowed the pension payments made directly to retirees, not through an approved pension fund as per Rule 89. The CIT(A) confirmed this disallowance. The Tribunal, however, restored the issue to the AO for fresh consideration under Section 37(1) after examining the commercial expediency of the payments.4. Software Expenses:The AO and CIT(A) treated the software expenses as capital expenditure. The Tribunal upheld this decision, stating that the assessee failed to provide details proving the software did not provide enduring benefits.5. Filing Fees for Increasing Authorized Capital:The AO and CIT(A) treated the filing fees as capital expenditure. The Tribunal upheld this decision, referencing the Supreme Court's ruling that such expenses are directly related to the expansion of the capital base and thus are capital in nature.6. Provision for Wage Revision:The AO disallowed the provision for wage revision, deeming it a contingent liability. The CIT(A) upheld this disallowance. The Tribunal agreed, noting that the liability was not ascertained during the relevant accounting period.7. Excess Cash Addition:The AO added the excess cash found during the assessment. The CIT(A) deleted the addition, noting that the excess cash was offered to tax in the fourth year. The Tribunal upheld the CIT(A)'s decision, agreeing that the four-year period included the assessment year in question.8. Depreciation on Investments:The AO disallowed the depreciation on investments, treating it as a provision. The CIT(A) deleted the addition, and the Tribunal upheld this decision, noting that the AO had rectified the disallowance in a subsequent order.9. Interest on Purchase of Securities:The AO treated the interest on securities as capital expenditure. The CIT(A) allowed the interest as revenue expenditure. The Tribunal restored the issue to the AO for fresh consideration, directing the AO to re-examine the facts and apply relevant case law.10. Bad Debts:The AO disallowed the bad debts, stating they did not exceed the credit balance in the provision for bad and doubtful debts. The CIT(A) deleted the addition. The Tribunal restored the issue to the AO for verification, ensuring no double deduction under sections 36(1)(vii) and 36(1)(viia).11. Unclaimed Balances:The AO added the unclaimed balances as income. The CIT(A) deleted the addition. The Tribunal upheld the CIT(A)'s decision, referencing previous Tribunal decisions and distinguishing the facts from the Supreme Court's ruling in T.V. Sundaram Iyengar and Sons.12. Ex Gratia Payments to Employees:The AO disallowed the ex gratia payments, treating them as appropriations of profit. The CIT(A) confirmed this disallowance. The Tribunal upheld the CIT(A)'s decision, agreeing that the payments were not contractual liabilities but appropriations of profit.13. Pooja Expenses:The AO disallowed the pooja expenses. The CIT(A) confirmed the disallowance. The Tribunal deleted the disallowance, citing the jurisdictional High Court's ruling that such expenses, incurred for the welfare of employees, are allowable.14. Amortization Expenses:The AO disallowed the amortization expenses, treating them as capital expenditure. The CIT(A) deleted the disallowance. The Tribunal restored the issue to the AO for fresh consideration, directing the AO to re-examine the facts and apply relevant case law.15. Loss on Sale of Mutual Funds:The AO disallowed the loss on the sale of mutual funds, treating it as a contrived loss. The CIT(A) deleted the disallowance. The Tribunal restored the issue to the AO for fresh consideration, directing the AO to re-examine the facts and apply relevant case law.16. Deduction on Rural Advances:The AO limited the deduction on rural advances to incremental advances. The CIT(A) allowed the deduction on total average outstanding rural advances. The Tribunal restored the issue to the AO for fresh consideration, directing the AO to re-examine the facts and apply relevant case law.Conclusion:The Tribunal's decisions varied, with some issues being upheld, others restored for fresh consideration, and a few disallowances deleted. The Tribunal emphasized the need for detailed examination and application of relevant case law in several instances.