2008 (11) TMI 38 - HC - Income Tax

High Court upholds Tribunal decision on direct expenses for Jakarta Project, dismisses revenue appeal

The High Court affirmed the Income Tax Appellate Tribunal's decision regarding the allowability of direct expenses incurred by the assessee for the ... Allowability of direct expenses incurred by assessee in respect of a Jakarta Project in Indonesia - agreement for installation, testing and commissioning of a fixed digital radio cellular network system and related services – held that the direct expenses incurred by the assessee were allowable as they were identifiable – revenue is unable to show that the expenses were not actually incurred by the assessee for the completion of Project – CIT & ITAT were justified in allowing the expenses Issues:1. Allowability of direct expenses incurred by the assessee for the Jakarta Project in Indonesia.Analysis:The appeal before the High Court was against the order passed by the Income Tax Appellate Tribunal regarding the allowability of direct expenses incurred by the assessee for the Jakarta Project in Indonesia during the assessment year 1998-1999. The assessee claimed direct expenses amounting to Rs 37,18,958 for the project, which involved an agreement with PT Radio Telepon, Indonesia for the installation of a digital radio cellular network system. The project suffered a loss, and the parent company absorbed it. The assessee received a sum of Rs 1,56,18,541 for the project during the relevant year. The Assessing Officer disallowed the expenses claimed by the assessee, considering the amount received as net income itself, and rejected further deductions for expenses.The Commissioner of Income Tax (Appeals) allowed the claim of the assessee for direct expenses but disallowed the claim for indirect expenses. The Commissioner returned a finding that the direct expenses incurred by the assessee were identifiable and could not be denied. The revenue appealed this decision before the Income Tax Appellate Tribunal. The Tribunal upheld the decision of the Commissioner, stating that the direct expenses were allowable as they were identifiable and incurred by the assessee for the completion of the project. The Tribunal found no material to dispute the expenses claimed by the assessee. The High Court, after examining the orders passed by the authorities, concluded that the Tribunal's decision was based on factual findings, and no legal question of substance arose for consideration. Therefore, the High Court dismissed the appeal, affirming the Tribunal's decision regarding the allowability of direct expenses for the Jakarta Project.In summary, the High Court upheld the Tribunal's decision that the direct expenses claimed by the assessee for the Jakarta Project were allowable as they were identifiable and actually incurred for the project. The Court found no grounds to interfere with the Tribunal's order, as it was based on factual findings, and no substantial legal question was raised for consideration.