2019 (4) TMI 1473 - AT - Income Tax

Tribunal decisions: Mixed outcomes on appeal. Disallowed expenses upheld, some claims allowed.

Bhagwati Gases Ltd. Versus Deputy Commissioner of Income-tax, Circle-8, Kolkata

Bhagwati Gases Ltd. Versus Deputy Commissioner of Income-tax, Circle-8, Kolkata - TMI Issues Involved:1. Addition of Rs. 79,45,426/- on account of bad debt written off.2. Disallowance of expenditure on account of replacement of machinery parts.3. Disallowance of interest expenses due to higher rate of loan obtained and lower rate of loan advanced.4. Addition of employees' contribution to PF due to delayed deposit.5. Disallowance of 50% of rent expenditure under Section 40A(2)(b).6. Disallowance of brought forward depreciation loss for AY 1997-98.7. Disallowance under Section 40(a)(ia) for interest payment on delayed electricity bills.Issue-wise Detailed Analysis:1. Addition of Rs. 79,45,426/- on account of bad debt written off:The assessee claimed a debit balance written off of Rs. 79,45,426/- as bad debt. The AO disallowed this claim, stating that the basic condition that the amount should have passed through the Profit & Loss account was not met, and there was no proof that the amount was revenue in nature. The Ld. CIT(A) upheld the AO’s decision, noting that the assessee failed to provide documentary evidence to substantiate the nature of the advances. The tribunal confirmed the order of the Ld. CIT(A), emphasizing that the assessee did not prove that the trade advances were given in the ordinary course of business or that efforts were made to recover the amount.2. Disallowance of expenditure on account of replacement of machinery parts:The AO disallowed Rs. 32,44,478/- claimed under 'Repairs and Maintenance,' considering them as capital expenditure. The Ld. CIT(A) partially allowed the claim, disallowing only Rs. 2,67,662/- for the purchase of cylinders, deeming it a long-term asset. The tribunal confirmed the Ld. CIT(A)’s decision for items 2 to 8, recognizing them as necessary replacements for smooth functioning. However, it allowed the assessee’s claim for the cylinder, citing it as a replacement part of the existing asset, relying on the Supreme Court’s judgment in CIT Vs. Saravana Spg. Mills (P) Ltd.3. Disallowance of interest expenses:The AO disallowed Rs. 1,95,000/- of interest expenses, noting that the assessee obtained loans at higher rates and advanced them at a lower rate. The Ld. CIT(A) allowed the claim, observing that the security deposit was for business purposes and not for earning interest. The tribunal upheld the Ld. CIT(A)’s decision, noting that the assessee had sufficient interest-free funds and the borrowed money was used for business purposes.4. Addition of employees' contribution to PF:The AO added Rs. 81,556/- towards employees’ contribution to PF, claiming it was deposited after the due date. The Ld. CIT(A) deleted the addition, noting that the payment was made before the due date of filing the return of income under Section 139. The tribunal confirmed the Ld. CIT(A)’s order, relying on the decision in CIT Vs. Vijayshree Ltd.5. Disallowance of 50% of rent expenditure under Section 40A(2)(b):The AO disallowed 50% of the rent expenditure, estimating it to be excessive. The Ld. CIT(A) allowed the full claim, noting that the AO did not compare the rent with the market rate and made an arbitrary estimate. The tribunal upheld the Ld. CIT(A)’s decision, emphasizing that the AO did not provide any comparable instances to justify the disallowance.6. Disallowance of brought forward depreciation loss for AY 1997-98:The AO disallowed the set-off for brought forward depreciation loss for AY 1997-98, stating it could only be carried forward for 8 years. The Ld. CIT(A) allowed the set-off, relying on the Gujarat High Court’s decision in General Motors India Pvt. Ltd. Vs. DCIT. The tribunal confirmed the Ld. CIT(A)’s decision, noting that the unabsorbed depreciation could be carried forward without any time limit.7. Disallowance under Section 40(a)(ia) for interest payment on delayed electricity bills:The AO disallowed Rs. 7,78,825/-, treating it as interest subject to TDS. The Ld. CIT(A) deleted the disallowance, noting that it was a late payment surcharge and not interest. The tribunal remanded the issue back to the AO for verification, directing that if the recipient had included the amount in its income and paid taxes, the disallowance should be deleted.Conclusion:The tribunal partly allowed the assessee’s appeal and allowed the revenue’s appeal for statistical purposes, confirming and remanding various issues based on the evidence and legal precedents.