2011 (1) TMI 1558 - AT - Income Tax

Tribunal affirms CIT(A) decisions on various tax issues

ACIT, Circle-8, Ahmedabad Versus Torrent Pharmaceuticals Ltd. And Torrent Pharmaceuticals Ltd. Versus DCIT, Circle-8, Ahmedabad

The Tribunal upheld the CIT(A)'s decisions on various issues, including disallowance of selling, publicity, and medical expenses, restriction of ... - Issues Involved:1. Disallowance of selling, publicity, and medical expenses.2. Disallowance under section 14A.3. Deduction under section 35(2AB) on various expenses.4. Disallowance of long-term capital loss on assignment of unsecured loan.5. Deduction under section 80HHC on various components.6. Disallowance of software development expenditure.7. Disallowance of garden expenses.8. Disallowance under section 92B for international transactions.9. Disallowance of club expenses.10. Levy of interest under sections 234B and 234C.Detailed Analysis:1. Disallowance of Selling, Publicity, and Medical Expenses:The Tribunal upheld the CIT(A)'s decision to delete the disallowance made by the Assessing Officer (AO) on selling, publicity, and medical expenses. The Tribunal noted that similar issues had been decided in favor of the assessee in earlier years, and the facts remained identical. The AO's disallowance was based on earlier years' orders, which had not been accepted by the Revenue. The Tribunal confirmed the CIT(A)'s decision to delete the disallowance, citing consistency with previous Tribunal decisions.2. Disallowance under Section 14A:The Tribunal upheld the CIT(A)'s decision to restrict the disallowance under section 14A to Rs. 1 lakh out of Rs. 30,54,041 made by the AO. The Tribunal noted that the assessee had not incurred any specific expenditure for earning exempt income (dividend). The CIT(A) had reasonably estimated the disallowance, and the Tribunal found no reason to interfere with this estimation.3. Deduction under Section 35(2AB) on Various Expenses:The Tribunal upheld the CIT(A)'s decision to allow weighted deduction under section 35(2AB) on security expenses, municipal tax, salary paid to Mr. Dutt, and building expenses. The Tribunal referred to its earlier decision in the assessee's own case, where similar expenses were allowed. The Tribunal found no reason to deviate from its previous ruling and confirmed the CIT(A)'s order.4. Disallowance of Long-Term Capital Loss on Assignment of Unsecured Loan:The Tribunal upheld the CIT(A)'s decision to allow the assessee's claim for long-term capital loss on the assignment of an unsecured loan. The Tribunal agreed with the CIT(A) that the loan was a capital asset within the meaning of section 2(14) of the Act. The Tribunal noted that the assignment of the loan was supported by a valuation report and was justified given the financial condition of the borrower (TGBL). The Tribunal confirmed the CIT(A)'s order allowing the long-term capital loss.5. Deduction under Section 80HHC on Various Components:The Tribunal addressed multiple sub-issues under section 80HHC:- Excise Duty and Sales Tax: The Tribunal upheld the CIT(A)'s decision to exclude excise duty and sales tax from the total turnover for computing deduction under section 80HHC, citing the Supreme Court's decision in Lakshmi Machine Works.- Foreign Exchange Gains: The Tribunal allowed the assessee's claim, following the jurisdictional High Court's decision in Amba Impex.- Scrap Disposal, Insurance Receipts, etc.: The Tribunal set aside these issues to the AO for verification of nexus with export activities, following the Supreme Court's decision in K. Ravindranath Nair.- Profit on Sale of DEPB: The Tribunal set aside the issue to the AO for fresh consideration in light of the amendment to section 28(iiid) and relevant case law.- Export Trading Loss: The Tribunal upheld the CIT(A)'s decision to reduce export trading loss from export manufacturing profit, following the Supreme Court's decision in IPCA Laboratory Ltd.- Interest Income: The Tribunal set aside the issue to the AO for verification of whether the interest income was business income or income from other sources, following the Bombay High Court's decision in Asian Star Co. Ltd.- Processing Charges and Job Work Charges: The Tribunal set aside these issues to the AO for verification of their nexus with export activities.6. Disallowance of Software Development Expenditure:The Tribunal allowed the assessee's claim for software development expenditure as revenue expenditure. The Tribunal noted that the software was essential for the smooth running of the business and lacked enduring benefit, thus qualifying as revenue expenditure.7. Disallowance of Garden Expenses:The Tribunal upheld the CIT(A)'s decision to allow garden expenses, following its earlier decision in the assessee's own case. The Tribunal agreed that the expenses were incurred for maintaining a better environment in the factory, which was necessary for the business.8. Disallowance under Section 92B for International Transactions:The Tribunal upheld the CIT(A)'s decision to delete the addition made by the AO under section 92B. The Tribunal noted that the difference in the Arm's Length Price was less than 5% of the price taken by the assessee, and the CIT(A) had followed the CBDT Circular correctly.9. Disallowance of Club Expenses:The Tribunal upheld the CIT(A)'s decision to allow club expenses, following the jurisdictional High Court's decision in Gujarat State Export Corporation Ltd. The Tribunal agreed that the expenses were incurred for business promotion and maintaining business contacts.10. Levy of Interest under Sections 234B and 234C:The Tribunal directed the AO to recompute the interest under sections 234B and 234C, following its earlier decision in the assessee's own case. The Tribunal noted that interest should not be charged in respect of demand created due to retrospective amendments.Conclusion:The Tribunal's judgment comprehensively addressed various issues, largely upholding the CIT(A)'s decisions and providing detailed reasoning for each issue. The Tribunal's reliance on earlier decisions and relevant case law ensured consistency and adherence to judicial precedents.