2011 (2) TMI 1604 - AT - Income Tax

Tribunal Upholds Disallowance Appeals

The Dy. Commissioner of Income Tax, Company Circle-I (1), Chennai Versus M/s Apollo Hospital Enterprises Ltd.

The Tribunal dismissed the Revenue's appeal, upholding the CIT(Appeals) decisions regarding the disallowance of lease equalization charges and ... - Issues involved: Appeal filed by Revenue regarding lease equalization charges and professional charges disallowance.Lease Equalization Charges: The Revenue appealed against the allowance of lease equalization charges of Rs. 77,19,523 by the CIT(Appeals). Assessee claimed this as a revenue expense based on the ICAI guidance note on accounting for leases. The Assessing Officer disallowed the claim as notional, but the CIT(Appeals) upheld it citing a previous Tribunal decision in favor of the assessee. The Tribunal found the claim legitimate and justified, as no higher judicial authority had overturned the previous decision. The Revenue's appeal on this ground was dismissed.Professional Charges Disallowance: The Revenue challenged the deletion of disallowance of professional charges amounting to Rs. 1,38,19,260 by the CIT(Appeals). The payments were made to M/s PCR Investments for refraining from competitive business. The Assessing Officer considered it capital expenditure and disallowed it, but the CIT(Appeals) deleted the disallowance based on a previous Tribunal decision in favor of the assessee. The Tribunal found the payments properly accounted for and valid, directing the Assessing Officer to deduct the professional charges while computing taxable income. As the factual situation remained the same, the Tribunal upheld the CIT(Appeals) decision to delete the disallowance of professional charges. The Revenue's appeal on this ground was also dismissed.In conclusion, the appeal filed by the Revenue was dismissed by the Tribunal, upholding the decisions of the CIT(Appeals) regarding both lease equalization charges and professional charges disallowance.