2011 (6) TMI 1034 - AT - Income Tax

Tax Appeals Tribunal upholds CIT(A) decisions, dismissing Revenue appeals and partly allowing some for statistical purposes.

The Assistant Commissioner of Income-tax, Company Circle-VI (2), Chennai Versus M/s. Shriram Chits Tamilnadu Pvt. Ltd., M/s. Shriram Capital Ltd. (Previously known as Shriram Chits and Investments Pvt. Ltd. and subsequently known as Shriram Financial Services Holdings Pvt. Ltd.), M/s. Shriram Capital Trust Pvt. Ltd.

The CIT(A) deleted various disallowances and additions made by the Assessing Officer, with the Tribunal confirming these deletions based on previous ... - Issues Involved:1. Deletion of addition of bad debts.2. Deletion of disallowance of interest on security deposit, commission, and gift paid to closely associated companies.3. Deletion of disallowance of bid loss.4. Deletion of disallowance of royalty.5. Deletion of disallowance of over-draft interest.6. Deletion of disallowance of brokerage earned written off and claimed as expenditure.7. Deletion of addition of minimum guarantee charges.8. Deletion of disallowance of administration and other expenses, interest & finance charges, and depreciation.9. Deletion of disallowance under section 43B.10. Assessment of interest income under 'Income from Business' instead of 'Other Sources.'11. Deletion of disallowance of bad debts in respect of advances and trade advances written off.12. Deletion of disallowance of compensation paid for breach of contract.13. Deletion of disallowance of legal charges.Issue-wise Detailed Analysis:1. Deletion of Addition of Bad Debts:The CIT(A) deleted the addition of bad debts of Rs. 868 crores, following the Tribunal's earlier decisions in the assessee's case for previous years. Both sides agreed that the issue was covered by the Tribunal's decision, and thus, the CIT(A)'s order was confirmed.2. Deletion of Disallowance of Interest on Security Deposit, Commission, and Gift Paid to Closely Associated Companies:The CIT(A) deleted the disallowance of Rs. 10.20 crores, following the Tribunal's earlier decision in the assessee's own case. The Tribunal confirmed the CIT(A)'s order, noting that the issue was covered by its earlier decision.3. Deletion of Disallowance of Bid Loss:The CIT(A) deleted the disallowance of bid loss of Rs. 8.89 crores, following the Supreme Court's decision in M/s. Bilahari Investment P. Ltd. The Tribunal confirmed the CIT(A)'s order, respecting the Supreme Court's decision.4. Deletion of Disallowance of Royalty:The CIT(A) deleted the disallowance of royalty of Rs. 64.53 lakhs, following the Tribunal's earlier decisions in similar cases. The Tribunal confirmed the CIT(A)'s order, following the Supreme Court's decision in Jonas Woodhead and Sons (India) Ltd. v. CIT.5. Deletion of Disallowance of Over-Draft Interest:The CIT(A) deleted the disallowance of over-draft interest of Rs. 22.73 lakhs, holding that there was commercial expediency. The Tribunal confirmed the CIT(A)'s order, noting that no interest-bearing funds were diverted for non-business purposes.6. Deletion of Disallowance of Brokerage Earned Written Off and Claimed as Expenditure:The CIT(A) directed the AO to delete the disallowance of Rs. 50,18,909/-, noting that the assessee had shown this amount as income in an earlier year. The Tribunal confirmed the CIT(A)'s order, finding that the income had been offered in the assessment year 1996-97.7. Deletion of Addition of Minimum Guarantee Charges:The CIT(A) deleted the addition of minimum guarantee charges, following the Tribunal's earlier decisions in the assessee's own case and similar cases. The Tribunal confirmed the CIT(A)'s order, respecting its earlier decisions.8. Deletion of Disallowance of Administration and Other Expenses, Interest & Finance Charges, and Depreciation:The CIT(A) deleted the disallowance, noting that the expenses were general in nature and not related to any specific project. The Tribunal confirmed the CIT(A)'s order, finding that the expenses were regular business expenditures.9. Deletion of Disallowance under Section 43B:The CIT(A) deleted the disallowance under section 43B, following the Supreme Court's decision in CIT v. Vinay Cement Ltd. The Tribunal restored the issue to the AO for verification in line with the Supreme Court's decision.10. Assessment of Interest Income under 'Income from Business' Instead of 'Other Sources':The CIT(A) directed the AO to assess the interest income as 'Income from Business', noting that the assessee was engaged in money lending. The Tribunal confirmed the CIT(A)'s order, respecting the assessee's business activities.11. Deletion of Disallowance of Bad Debts in Respect of Advances and Trade Advances Written Off:The CIT(A) directed the AO to delete the disallowance, noting that the advances were trade advances and allowable as business expenditure. The Tribunal modified the CIT(A)'s order, directing the AO to allow the advances as business expenditure under section 37.12. Deletion of Disallowance of Compensation Paid for Breach of Contract:The CIT(A) deleted the disallowance of Rs. 2.2 crores paid as compensation, noting that the liability arose from the assessee's business activities. The Tribunal confirmed the CIT(A)'s order, finding that the expenditure was incurred wholly and exclusively for business purposes.13. Deletion of Disallowance of Legal Charges:The CIT(A) deleted the disallowance of legal charges of Rs. 27,20,130/-, noting that the charges were related to the relevant previous year. The Tribunal confirmed the CIT(A)'s order, respecting the business nature of the expenditure.Conclusion:The appeals of the Revenue in ITA Nos. 1512, 1513, 1516, and 1518/Mds/2010 were dismissed. The appeals of the Revenue in ITA Nos. 1514, 1515, and 1517/Mds/2010 were partly allowed for statistical purposes. The order was pronounced in the court on 24/06/2011.