2015 (12) TMI 1825 - AT - Income Tax

Tribunal rules in favor of assessee on tax issues; Assessing Officer's appeal dismissed

DCIT, LTU, Mumbai Versus Aditya Birla Nuvo Ltd. (Formerly Known As Indian Rayon And Industries Ltd) And Vica-Versa

DCIT, LTU, Mumbai Versus Aditya Birla Nuvo Ltd. (Formerly Known As Indian Rayon And Industries Ltd) And Vica-Versa - TMI Issues Involved:1. Deletion of unutilized MODVAT credit.2. Treatment of catalyst expenditure as capital or revenue.3. Disallowance under Section 14A.4. Disallowance under Section 40(a)(ia).5. Disallowance under Section 43B(f) for leave salary provision.6. Reduction of deduction under Section 80IA due to allocation of Head Office expenses.7. Disallowance of Employee Stock Option Scheme (ESOP) expenses.8. Depreciation on goodwill from acquisition.9. Taxability of income from sale of Certified Emission Reductions (CERs).10. Treatment of interest subsidy under Technology Upgradation Fund Scheme (TUFS).Detailed Analysis:1. Deletion of unutilized MODVAT credit:The Tribunal decided against the Assessing Officer (AO) regarding the deletion of unutilized MODVAT credit, following previous judgments including the case of Indo Nippon Chemicals Co. Ltd. (261 ITR 275). The Tribunal emphasized that the MODVAT credit should not be treated as income, as it is consistent with accepted accounting principles.2. Treatment of catalyst expenditure as capital or revenue:The AO treated the expenditure on catalysts as capital, but the First Appellate Authority (FAA) and the Tribunal ruled it as revenue expenditure. The Tribunal referenced the Lucknow Tribunal's decision in Hindalco Industries and the Supreme Court's judgment in Kedarnath Jute Mfg. Co. Ltd. v. CIT (82 ITR 363), which stated that book entries are not decisive for taxability.3. Disallowance under Section 14A:The issue of disallowance under Section 14A was remitted back to the AO for fresh adjudication, following the Tribunal's decision for the Assessment Year (AY) 2007-08.4. Disallowance under Section 40(a)(ia):The Tribunal ruled in favor of the assessee, referencing previous decisions where it was held that TDS provisions were not applicable for provisions made at the year-end if bills were not received.5. Disallowance under Section 43B(f) for leave salary provision:The Tribunal decided in favor of the assessee, following previous judgments that Section 43B(f) does not apply to contractual liabilities such as leave salary provisions, referencing the case of Bharat Earth Movers (245 ITR 428).6. Reduction of deduction under Section 80IA due to allocation of Head Office expenses:The Tribunal ruled in favor of the assessee, stating that Head Office expenses should not be allocated to the profits of eligible units under Section 80IA, following decisions in Grasim Industries and Procter & Gamble Hygiene & Health Care Ltd.7. Disallowance of Employee Stock Option Scheme (ESOP) expenses:The Tribunal allowed the deduction for ESOP expenses, referencing the Special Bench decision in Biocon Limited (144 ITS 215), which held that ESOP discounts are employee costs deductible during the vesting period.8. Depreciation on goodwill from acquisition:The Tribunal allowed the claim for depreciation on goodwill from the acquisition of Madura Garments Division, following its earlier decision for AY 2000-01.9. Taxability of income from sale of Certified Emission Reductions (CERs):The Tribunal ruled that income from the sale of CERs is a capital receipt and not taxable, following the Andhra Pradesh High Court's decision in My Home Power Ltd. (365 ITR 82).10. Treatment of interest subsidy under Technology Upgradation Fund Scheme (TUFS):The issue was remitted back to the FAA for fresh adjudication, as neither the AO nor the FAA had previously considered the nature of the interest subsidy under TUFS.Conclusion:The appeal filed by the AO was dismissed, the assessee's appeal was partly allowed, and the cross-objection of the assessee was allowed for statistical purposes. The judgment was pronounced in the open court on December 9, 2015.