2021 (8) TMI 67 - AT - Income Tax

Tribunal allows SPV deductions and environmental restoration costs as business expenses

M/s. Gogga Gurusanthaiah And Brothers Versus The Asst. Commissioner of Income-tax, Circle – 1 Bellary

The Tribunal partially allowed the appeals, recognizing SPV deductions and compensation for environmental restoration as business expenditures. It ... Deduction of 15% of sale proceeds in respect of B mines retained towards SPV as an allowable business expenditure - HELD THAT:- The Co-ordinate Bench order of the Tribunal in the case of M/s.Veerabhadrappa Sangappa & Co. [2020 (12) TMI 1145 - ITAT BANGALORE] on identical facts had allowed deduction of 15% of sale proceeds in respect of B mines retained towards SPV as an allowable business expenditure - we hold that 15% retained in the case of assessee by CEC is an allowable business expenditure. It is ordered accordingly. Amount retained towards SPV for mining and dumping sub-grade material outside the leased area - HELD THAT:- We hold that the amount retained towards SPV for mining and dumping sub-grade material outside the leased area is an allowable expenditure. It is ordered accordingly. Accrual of income - Sales accounted in Asst.Year 2014-2015, but added as income of the year - HELD THAT:- The Tribunal in the case of M/s.Veerabhadrappa Sangappa & Co. [2020 (12) TMI 1145 - ITAT BANGALORE] had decided that the sale proceeds from disclosed stock accrued to the assessee during the year under consideration and has to be considered for determining income under the head profits and gains of business for the year under consideration. Tribunal held that the income accrued in the relevant assessment year and the taxability cannot be deferred to the subsequent assessment year. The Tribunal also held that the same income cannot be taxed twice and the assessee if moves an appropriate petition, the A.O. shall consider such an application. Difference in receipts as per 26AS treated as unaccounted receipts. (Asst.Year 2013-2014) - HELD THAT:- We direct the A.O. to consider the assessee’s reconciliation statement, provided the assessee moves an application that there is no difference in the income disclosed and receipts as per Form No.26AS. With these directions, we dispose of ground No.4 for assessment year 2013-2014. Contribution to the Deputy Commissioner, Government of Karnataka, for Hampi Utsav (Asst. Year 2015-2016) - Allowable business expenditure - HELD THAT:- This issue we noticed is covered in favour of the assessee in assessee’s own case for assessment year 2009-2010 in [2020 (5) TMI 667 - ITAT BANGALORE] wherein it was held that the contribution made towards Hampi Utsav is an allowable expenditure u/s 37(1) of the I.T.Act. Issues Involved:1. SPV deduction 10% / 15%2. Compensation for mining and dumping sub-grade material outside the leased area3. Sales accounted in the following year but added as income of the year4. Difference in receipts as per 26AS treated as unaccounted receipts5. Contribution to the Deputy Commissioner Government of Karnataka for Hampi UtsavDetailed Analysis:1. SPV Deduction 10% / 15%:The assessee, involved in mining, had a portion of their sale proceeds retained by the Central Empowering Committee (CEC) as per the Supreme Court directive, for socio-economic development and environmental conservation. The assessee claimed this retention as an allowable expenditure under the Income-tax Act, which was initially rejected by the Assessing Officer (A.O.) and the CIT(A). However, the Tribunal, referencing similar cases (e.g., M/s. Veerabhadrappa Sangappa & Co.), allowed the deduction, ruling it as a business expenditure necessary for resuming mining operations and not penal in nature. The Tribunal emphasized the principle of 'Polluter pays' and noted that such contributions were mandated by the Supreme Court for environmental rehabilitation.2. Compensation for Mining and Dumping Sub-Grade Material Outside the Leased Area:The assessee faced deductions by the CEC for illegal mining activities and dumping outside leased areas, which were initially treated as penalties by the A.O. and disallowed under Section 37 of the Income-tax Act. The Tribunal, however, following precedents like the NMDC Ltd case, ruled these payments as compensatory rather than penal, thus allowable as business expenditures. The Tribunal noted that these payments were directed by the Supreme Court for environmental restoration and were necessary for the continuation of mining operations.3. Sales Accounted in the Following Year but Added as Income of the Year:The assessee argued that sales proceeds from disclosed stock should be recognized in the subsequent year when actually received, due to the control and disbursement by the Monitoring Committee (MC). The Tribunal, referencing the case of M/s. Veerabhadrappa Sangappa & Co., held that the income accrued in the year of sale and should be taxed in that year, despite the actual receipt occurring later. The Tribunal directed the A.O. to ensure the same income is not taxed twice if the assessee moves an appropriate petition.4. Difference in Receipts as per 26AS Treated as Unaccounted Receipts:The A.O. added a sum due to discrepancies between the receipts in the books and Form 26AS. The assessee explained that TDS was deducted twice on the same payment by M/s. MSPL. The Tribunal directed the A.O. to consider the reconciliation statement provided by the assessee and verify the claim that there was no difference in the disclosed income and receipts as per Form 26AS.5. Contribution to the Deputy Commissioner Government of Karnataka for Hampi Utsav:The assessee's contribution to the Hampi Utsav was initially disallowed as a business expenditure. However, the Tribunal, referencing the assessee’s own case for the year 2009-2010, ruled that such contributions, which help in gaining goodwill among local citizens and authorities, are allowable under Section 37(1) of the Income-tax Act.Conclusion:The Tribunal allowed the appeals partly, recognizing the SPV deductions and compensation for environmental restoration as business expenditures, affirming the accrual of sales income in the year of sale, directing reconciliation of TDS discrepancies, and allowing contributions to local events as business expenditures.