2020 (12) TMI 544 - AT - Income Tax

Appellate Tribunal rules for appellant on income, charges, and interest issues

Orion Property Management Services Ltd. Versus The Income-tax Officer, Ward-5 (1) (2), Bengaluru.

The Appellate Tribunal partially allowed the appeal, ruling in favor of the appellant on various issues. The Tribunal found in favor of the appellant ... Rectification of mistake - Addition of sponsorship and promotional income received by assessee - HELD THAT:- The said amount was considered while computing expenses under the head, ‘Marketing Cost’ before debiting it to P&L account. Ld.CIT(A) notes that, clarification was provided by assessee in rectification petition under 154 of the Act before Ld.AO, regarding entries in P&L account. Authorities below failed to appreciate that marketing income been considered as net of expenses, and therefore does not appear separately having credited under the head income. Ld.AR submitted that, assessee has considered respective income under relevant heads before debiting expenses to profit and loss account. We therefore do not find any justification in confirming the addition by Ld.CIT(A), and the same is deleted. Addition of reimbursement of security charges received - AR submitted that, security charges received, was reduced under the head ‘Operating cost’, forming part of ‘Direct expenses’ - HELD THAT:- Assessee has submitted that sum of ₹ 35, 85, 414/-is included in ₹ 45, 12, 061/-credited under the head ‘Security Charges’ at page 5157 in Ledger account. In our view, this aspect needs verification vis-a-vis debit notes/invoices raised. We direct assessee to file relevant documents to establish its claim. Ld.CIT(A) is directed to verify the documents filed by assessee. In the event it is found that ₹ 35,85,414/- is included, as submitted by Ld.AR, the addition may be deleted. Accordingly this ground raised by assessee stands allowed for statistical purposes. Addition in respect of reimbursement of HVAC/Power charges received - AR submitted that, reimbursement is credited to related expenses incurred, and net expenses are considered in statement of P&L account as expenditure - HELD THAT:- Said amount was considered while computing expenses under the head, ‘Power & Fuel’ before debiting it to P&L account. We note that, authorities below failed to appreciate that Reimbursement of expenses marketing income been considered as net of expenses and therefore does not appear separately having credited under the head income. Ld.AR submitted that, assessee has considered respective income under relevant heads before debiting expenses to profit and loss account. We therefore do not find any justification in confirming the addition by Ld.CIT(A), and the same is deleted. Issues:1. Addition of sponsorship and promotional income2. Addition of reimbursement of security charges received3. Addition of reimbursement of HVAC/Power charges received4. TDS credit disallowance5. Levy of interest under section 234B and 234DIssue 1: Addition of sponsorship and promotional incomeThe appellant contested the addition of sponsorship and promotional income by the Assessing Officer (AO) and the Commissioner of Income Tax (CIT(A)). The appellant argued that the marketing income was considered net of expenses under the head 'Marketing Cost' before being debited to the Profit and Loss (P&L) account under 'Other expenses.' The Appellate Tribunal noted that the marketing income was indeed considered as net of expenses and not separately credited under the income head. Therefore, the Tribunal found no justification in confirming the addition and deleted the same.Issue 2: Addition of reimbursement of security charges receivedThe appellant challenged the addition of reimbursement of security charges received by the AO. The appellant claimed that the security charges received were reduced under the head 'Operating cost' in the P&L account under 'Direct expenses.' The Tribunal directed the appellant to provide relevant documents to establish the claim regarding the inclusion of the security charges in the P&L account. The Tribunal allowed the ground raised by the appellant for statistical purposes pending verification of the documents by the CIT(A).Issue 3: Addition of reimbursement of HVAC/Power charges receivedThe appellant disputed the addition of reimbursement of HVAC/Power charges received by the AO. The appellant contended that the reimbursement was credited to related expenses incurred and net expenses were considered in the P&L account under 'Direct expenses.' The Tribunal observed that the reimbursement charges received were considered under the relevant expense heads before being debited to the P&L account. Consequently, the Tribunal found no justification in confirming the addition and deleted the same.Issue 4: TDS credit disallowanceThe AO disallowed TDS credit to the extent of a specific amount, which the appellant contested. The Tribunal directed that the TDS credit should be fully allowed as claimed in the return of income, based on the facts and circumstances presented by the appellant.Issue 5: Levy of interest under section 234B and 234DThe CIT(A) confirmed the levy of interest under sections 234B and 234D of the IT Act, which the appellant denied liability for. The Tribunal held that interest under sections 234B and 234D was not leviable based on the facts and circumstances of the case and applicable law. Consequently, the Tribunal directed the deletion of the interest amounts under these sections.In conclusion, the Appellate Tribunal partially allowed the appeal filed by the appellant, addressing various issues related to the additions and disallowances made by the AO and CIT(A) in the assessment. The Tribunal provided detailed reasoning for each issue and directed appropriate actions based on the submissions and evidence presented during the proceedings.