2019 (3) TMI 1713 - AT - Income Tax

Tribunal allows appeal, rejects disallowance of capital loss & consultancy expenses.

M/s Asianet TV Holdings Pvt. Ltd. Versus ACIT Rg 8 (1), Mumbai

M/s Asianet TV Holdings Pvt. Ltd. Versus ACIT Rg 8 (1), Mumbai - TMI Issues Involved:1. Disallowance of Short Term Capital Loss2. Disallowance of Software Consultancy ExpensesDetailed Analysis:1. Disallowance of Short Term Capital Loss:The assessee challenged the order of the CIT(A) upholding the AO's disallowance of the short-term capital loss of Rs. 81,69,60,025/-. The AO concluded that the short-term capital loss was created as an afterthought to reduce the tax incidence arising on the sale of shares of Asianet Communications Ltd. The AO's findings included:- The assessee failed to furnish the basis of valuation for the purchase price of the shares.- The assessee did not provide relevant balance sheets or specific occurrences justifying the huge variation in purchase and sale prices.- The transactions were reflected only in journal entries, raising doubts about their genuineness.The CIT(A) confirmed the AO's order, stating that the assessee did not demonstrate how the purchase of shares was a strategic investment and failed to justify the high purchase prices and subsequent sales at face value.However, the Tribunal found that the AO could not substantiate the conclusion that the short-term capital loss was a tax avoidance measure. The Tribunal noted that the long-term capital gains were significantly higher than the short-term capital loss, indicating no motive for tax avoidance. The Tribunal also observed that the purchase and sale of shares were genuine transactions, supported by documentary evidence, and the purchase consideration was paid through banking channels. The Tribunal concluded that the disallowance of the short-term capital loss was not justified and allowed the assessee's appeal on this ground.2. Disallowance of Software Consultancy Expenses:The assessee challenged the disallowance of Rs. 2,42,66,000/- paid towards software consultancy charges to M/s. Axis Aerospace and Technologies (P) Ltd. The AO and CIT(A) disallowed the expenses, stating they were not for the business of the assessee.The Tribunal, after hearing both parties, found that the expenses were incurred for the purpose of expanding the business activity of the assessee company. The expenses were related to upgrading broadcasting software and integrating various embedded software required for running a channel. The Tribunal noted that the expenditure was incurred purely with a view to expanding the business and was not personal in nature. Citing relevant case laws, the Tribunal concluded that the expenses were revenue in nature and allowable under section 37(1) of the IT Act. Therefore, the Tribunal allowed the assessee's appeal on this ground.Conclusion:The Tribunal allowed the appeal filed by the assessee, holding that the disallowance of the short-term capital loss and software consultancy expenses was not justified. The Tribunal directed that the short-term capital loss and software consultancy expenses be allowed as claimed by the assessee.