2018 (3) TMI 1809 - AT - Income Tax

Tribunal rulings on deductions, depreciation, and expenses under section 35E

Mahanadi Coalfields Ltd. Versus DCIT, Circle, Rane-2, ACIT, Circle, 1 (1), Sambalpur.

Mahanadi Coalfields Ltd. Versus DCIT, Circle, Rane-2, ACIT, Circle, 1 (1), Sambalpur. - TMI Issues Involved:1. Confirmation of addition on account of “donation and subscription”.2. Confirmation of disallowance of expenses incurred for CMPDIL.3. Confirmation of addition under the head “deterioration of stock”.4. Confirmation of addition towards provision for obsolete and non-moving stores.5. Confirmation of addition towards charge on leasehold land and depreciation on premium paid for leasehold land as intangible assets.6. Short credit of TDS.7. Relief on HEMM expenses.Detailed Analysis:1. Confirmation of addition on account of “donation and subscription”:The assessee claimed Rs. 15.67 lakhs as donation and subscription, out of which the Assessing Officer allowed Rs. 3.86 lakhs and disallowed Rs. 3.79 lakhs. The CIT(A) confirmed this action. The Tribunal found that the assessee had provided sufficient evidence and directed the Assessing Officer to allow the deduction of Rs. 5.25 lakhs under the head “donation and subscription” and restricted the disallowance to Rs. 3.69 lakhs.2. Confirmation of disallowance of expenses incurred for CMPDIL:The assessee incurred Rs. 480.40 lakhs for CMPDIL expenses, out of which Rs. 288.10 lakhs were disallowed by the Assessing Officer as capital expenditure. The CIT(A) confirmed this but directed the allowance under section 35E of the Act. The Tribunal upheld this, directing the Assessing Officer to allow the claim under section 35E.3. Confirmation of addition under the head “deterioration of stock”:The assessee made a provision of Rs. 913.07 lakhs for stock deterioration, which was disallowed by the Assessing Officer. The CIT(A) directed reconsideration based on the Tribunal's previous decisions. The Tribunal upheld the CIT(A)'s direction for reconsideration in light of technical support or evidence in the books of account.4. Confirmation of addition towards provision for obsolete and non-moving stores:The assessee provided Rs. 92.49 lakhs for obsolete stores, which was disallowed due to lack of evidence. The Tribunal, following its previous decisions, restored the issue to the Assessing Officer for fresh consideration with proper details and opportunity for the assessee to be heard.5. Confirmation of addition towards charge on leasehold land and depreciation on premium paid for leasehold land as intangible assets:The Assessing Officer disallowed Rs. 1769.58 lakhs for leasehold land charges and depreciation on leasehold land. The CIT(A) confirmed this based on previous Tribunal decisions. The Tribunal upheld that leasehold rights are not eligible for depreciation under section 32(1)(ii) of the Act.6. Short credit of TDS:The assessee claimed TDS of Rs. 12805.12 lakhs, but the Assessing Officer allowed only Rs. 12444.42 lakhs, further reduced to Rs. 12436.36 lakhs. The Tribunal, following its previous decision, confirmed that TDS credit should be allowed based on original TDS certificates.7. Relief on HEMM expenses:The Assessing Officer disallowed Rs. 663.19 lakhs of HEMM rehabilitation expenses as capital expenditure. The CIT(A) deleted this addition, considering it as revenue expenditure for repairs. The Tribunal upheld the CIT(A)'s decision, noting that the expenses were for extending the life of HEMM to their rated life and did not result in asset replacement.Conclusion:The appeal filed by the assessee was partly allowed, and the appeal of the revenue was dismissed. The Tribunal's decisions were based on previous rulings, technical evidence, and the nature of the expenses involved.