2016 (4) TMI 388 - AT - Income Tax

Tribunal upholds CIT(A)'s decision on preparatory expenses, dismisses Revenue's appeal

ACIT Circle 13 (1), New Delhi Versus NBCC Ltd.

ACIT Circle 13 (1), New Delhi Versus NBCC Ltd. - TMI Issues:Disallowance of expenditure towards preparatory workDisallowance of Work in Progress expensesDisallowance of prior period expensesAnalysis:The appeal was filed by the Revenue against the order passed by CIT(A) XVI, New Delhi. The Revenue contended that the CIT(A) erred in deleting the disallowance of certain expenses. The assessee company, a Government of India Undertaking, engaged in various projects, incurred expenses towards preparatory work. The Assessing Officer disallowed a significant amount towards preliminary expenses, which the CIT(A) partly allowed. The CIT(A) held that the preparatory expenses were necessary for construction work and could not be separated from the actual construction work. The CIT(A) also referred to the judgment of ITAT in a similar case to support the decision.Regarding prior period expenses, the Revenue argued that such expenses should be allowed only in the year to which they relate in the mercantile system of accounting. The Assessing Officer disallowed a portion of these expenses, which the CIT(A) overturned. The CIT(A) relied on the judgment of ITAT and a decision of Delhi High Court to support the decision. The CIT(A) noted that if any expenditure is disallowed, the corresponding income cannot be taxed, which was the case with the prior period expenses in question.The Revenue contended that the preparatory expenses were rightly disallowed, but the assessee argued that these expenses were common for multiple projects and should be treated as revenue expenses. The assessee also explained that the prior period expenses were related to subcontractor payments for additional work done beyond the original work order. The assessee provided evidence to support the crystallization of expenses and accrual of income in the same year. The assessee cited previous years' assessments where similar expenses were allowed by CIT(A).The Tribunal analyzed the arguments and upheld the CIT(A)'s decision. The Tribunal found that the preparatory expenses were revenue in nature and not covered under Section 35D of the Act. The Tribunal also reiterated the principle that if expenses are disallowed, the corresponding income cannot be taxed. The Tribunal referenced the judgments of ITAT and Delhi High Court to support the decision. Consequently, the appeal of the Revenue was dismissed, and the order was pronounced in April 2016.