2015 (8) TMI 1086 - AT - Income Tax

Tribunal partially allows assessee's appeal, overturning disallowances. Disallowance under Section 14A reversed. Officer's appeal dismissed.

M/s. SM Energy Teknik & Electronics Ltd. Versus DCIT-8 (3), Mumbai and Vice- Versa

M/s. SM Energy Teknik & Electronics Ltd. Versus DCIT-8 (3), Mumbai and Vice- Versa - [2015] 40 ITR (Trib) 540 (ITAT [Mum]) Issues Involved:1. Disallowance of foreign traveling expenses.2. Disallowance of diminution in value of inventories of work-in-progress.3. Disallowance under section 14A of the Income-tax Act, 1961.4. Addition under the head cessation of liability under section 41 of the Income-tax Act, 1961.Issue-Wise Detailed Analysis:1. Disallowance of Foreign Traveling Expenses:The assessee challenged the disallowance of Rs. 5,87,765 out of the total Rs. 8,52,235 foreign traveling expenses made by the Assessing Officer (AO). The AO disallowed the amount as the assessee did not provide sufficient clarification for these expenses. The Commissioner of Income-tax (Appeals) [CIT(A)] upheld the AO's decision due to lack of evidence. However, upon review, the tribunal found that the assessee had provided details about the encashment/surrender of foreign exchange and that the foreign tours were not doubted by the authorities. Therefore, the tribunal reversed the CIT(A)'s decision and allowed the expenses, deciding the issue in favor of the assessee.2. Disallowance of Diminution in Value of Inventories of Work-in-Progress:The assessee claimed a diminution in the value of work-in-progress amounting to Rs. 1,95,00,000 due to technical revaluation and global recession impacts. The AO rejected this claim, stating that the assessee deviated from the correct valuation method and presented a distorted picture. The CIT(A) upheld the AO's decision, noting the lack of satisfactory explanation and safeguards by the assessee. However, the tribunal found that the assessee had provided detailed explanations and reconciliations and referenced the case of Alfa Laval India Ltd., where the Bombay High Court allowed similar claims. The tribunal restored the matter to the AO for fresh adjudication to verify the correctness of the figures and the realized value of the inventory. This issue was decided in favor of the assessee, in part.3. Disallowance under Section 14A of the Income-tax Act, 1961:The AO disallowed Rs. 26,44,597 under section 14A, attributing it to interest on borrowed funds used for investments in sister concerns, which did not generate taxable income. The CIT(A) reversed the AO's decision, stating that the disallowance was based on mere presumption without evidence of exempt income or expenditure claimed for such income. The tribunal upheld the CIT(A)'s decision, noting that the AO did not understand the transaction's nature and failed to prove that the interest expenses were not wholly and exclusively for business purposes. Thus, the tribunal decided this issue against the AO.4. Addition under the Head Cessation of Liability under Section 41 of the Income-tax Act, 1961:The AO added Rs. 54,56,353 under section 41, considering the outstanding balances of sundry creditors as ceased liabilities. The CIT(A) deleted this addition, arguing that mere outstanding balances for several years do not automatically invoke section 41(1) without evidence of cessation or remission. The tribunal agreed with the CIT(A), stating that the AO failed to prove the cessation of liability and did not discuss any prior deduction or allowance. Consequently, the tribunal confirmed the CIT(A)'s decision, deciding this issue against the AO.Conclusion:The appeal filed by the assessee was partly allowed, and the appeal of the Assessing Officer was dismissed. The order was pronounced in the open court on March 11, 2015.