2009 (11) TMI 18 - HC - Income Tax

Taxpayer's inflated bottle purchases and bogus machinery deals justify interest disallowance; non-compete fee issue sent back

HC upheld the findings of the tax authorities that the assessee had grossly inflated expenditure on purchase of old bottles and failed to substantiate any ... Inflation of expenditures on the purchase of old bottles - claim of process loss - disallowance of interest on pretext of fictitious transactions - non compete fees - assessee admitted the huge inflation and huge purchase without document - transaction in respect of machinery found bogus and therefore claim of interest disallowed - in respect to non compete fee paid to manager director the case was remitted back to the authorities - held that - assessee had miserably failed to make out a case for entertaining these appeals, particularly, with reference to the questions of law referred to above in this order. The appeals are therefore dismissed. Issues:1. Disallowance of claim for purchase of old bottles2. Disallowance of interest on certain loans taken on leasing transactions3. Assessment of non-compete fee received in a transactionIssue 1: Disallowance of claim for purchase of old bottlesThe judgment pertains to appeals against an order of the Income Tax Appellate Tribunal regarding the assessment years 1998-99, 1999-2000, 2001-2002, and 2002-2003. The assessing officer made an addition for the purchase inflation of old bottles, alleging manipulation of accounts to understate business profits. The Commissioner (Appeals) disallowed 10% of the purchase expenditure, citing inability to determine the exact quantum. The Tribunal confirmed this disallowance. The Managing Director accepted the inflation, offering a sum for taxation. Employees admitted being forced to sign for huge purchases without proof. The authorities rejected the proof, leading to the disallowance. The judgment dismissed the appeals, finding the assessee failed to make a case for relief.Issue 2: Disallowance of interest on certain loans taken on leasing transactionsRegarding interest on loans taken for leasing transactions, the assessing officer found a transaction to be bogus and rejected the interest payment claim. The Commissioner (Appeals) upheld this decision, as the machinery was not proven to have been purchased for business use. The Tribunal also confirmed this disallowance, as the assessee failed to produce material supporting the claim. The judgment concluded that the interest component could not be allowed without substantiating evidence, leading to the dismissal of the appeals.Issue 3: Assessment of non-compete fee received in a transactionThe non-compete fee issue involved payments of Rs.12 crores and Rs.7 crores to the Company and the Managing Director. The Commissioner (Appeals) granted relief for the fee paid to the Managing Director, considering potential competition only from the Managing Director. However, the fee paid to the Company was rejected. The Tribunal remitted the matter back for reconsideration, as the assumption regarding competition was made without sufficient material. The judgment highlighted the lack of a clear case by the assessee to contest the appeals, leading to their dismissal.This detailed analysis of the judgment provides insights into the issues of disallowance of claims, interest disallowance, and non-compete fee assessment, emphasizing the lack of substantiating evidence and the consequent dismissal of the appeals.