2019 (12) TMI 1220 - AT - Income Tax

Tribunal Adjusts Appeals, Reduces Disallowances, Upholds Deductions

Bajaj Electricals Limited Versus The Asst. Commissioner of Income Tax, (OSD), 2 (1), Mumbai And (Vice-Versa)

Bajaj Electricals Limited Versus The Asst. Commissioner of Income Tax, (OSD), 2 (1), Mumbai And (Vice-Versa) - TMI Issues Involved:1. Computation of disallowance of expenses relating to exempt income under Section 14A of the Income-tax Act.2. Disallowance of commission expenses.3. Claim of deduction in respect of education cess.4. Claim of deduction under Section 80IA(4)(iv) of the Income-tax Act.5. Charging of interest under Section 234B of the Income-tax Act.Detailed Analysis:1. Computation of Disallowance of Expenses Relating to Exempt Income under Section 14A:The assessee appealed against the disallowance of Rs. 3,34,685 under Section 14A. The assessee had earned tax-free interest bonds amounting to Rs. 5,20,918 and made a suo moto disallowance of Rs. 60,913. The AO disallowed Rs. 71,21,033 in interest and Rs. 9,30,863 in administrative expenses. The CIT(A) restricted the disallowance to Rs. 2,95,995. The Tribunal found that since the assessee’s own interest-free funds exceeded the investment in tax-free bonds, no disallowance on account of interest could be made, and thus deleted the addition. However, the disallowance of administrative expenses was upheld as restricted by the CIT(A).2. Disallowance of Commission Expenses:The assessee had incurred Rs. 9.76 crores in commission expenses, which were claimed in the original return but later foregone during assessment proceedings. The AO and CIT(A) disallowed the commission expenses, considering them bogus based on the assessee’s admission during the assessment. The Tribunal noted that the revised return was invalid and the issue required detailed verification. Hence, the matter was remanded back to the AO for fresh adjudication, with the assessee committed to providing all required details.3. Claim of Deduction in Respect of Education Cess:The assessee claimed a deduction for education cess, which was not initially claimed due to lack of clarity. The Tribunal referred to the Supreme Court’s decision in CIT vs. K. Srinivasan, which held that education cess is part of income tax and cannot be allowed as a deduction. Consequently, the additional ground raised by the assessee was dismissed.4. Claim of Deduction under Section 80IA(4)(iv):The Revenue appealed against the CIT(A)’s decision allowing the assessee’s deduction claim under Section 80IA(4)(iv) without setting off earlier years' losses. The Tribunal upheld the CIT(A)’s decision, noting that the initial assessment year for deduction purposes was AY 2005-06 when the assessee first claimed the deduction, not the year the unit started generating power. This was consistent with the Madras High Court’s decision in Velayuthasamy Spinning Mills (P) Ltd. and the CBDT Circular No 1/2016.5. Charging of Interest under Section 234B:The Revenue challenged the CIT(A)’s direction to recalculate interest under Section 234B by reducing interest paid as part of self-assessment tax. The Tribunal upheld the CIT(A)’s decision, referencing the ITAT’s decision in Hind Rectifiers Ltd., which supported the reduction of interest paid as part of self-assessment tax from the assessed tax while computing interest under Section 234B.Conclusion:The Tribunal provided a detailed analysis of each issue, making significant adjustments and remanding certain matters for further verification. The decisions were consistent with existing legal precedents and interpretations of the Income-tax Act. The appeals were partly allowed, with specific directions provided for each issue.