2021 (8) TMI 159 - AT - Income Tax

Tribunal Upholds CIT(A)'s Decision on Disallowance of Expenses

ACIT-Circle-16 (1), Mumbai Versus Ms. Farah Khan

ACIT-Circle-16 (1), Mumbai Versus Ms. Farah Khan - TMI Issues Involved:1. Deletion of disallowance of expenses related to residential premises.2. Justification for claiming expenses on residential premises as business expenses.3. Admissibility of additional evidence during appellate proceedings.4. Applicability of the rule of consistency in allowing similar expenses in previous years.5. Allowability of depreciation on assets used partly for business purposes.6. Deduction of interest on loan borrowed for professional purposes.7. Deduction of society and electricity charges for office premises.Detailed Analysis:1. Deletion of Disallowance of Expenses Related to Residential Premises:The primary issue was whether the CIT(A) erred in directing the deletion of disallowance of expenses amounting to Rs. 1,55,74,455/- related to residential premises. The revenue contended that the said premises were not utilized by the assessee for professional activities and relied on the Ward Inspector's report, which stated that the premises were used only for residential purposes.2. Justification for Claiming Expenses on Residential Premises as Business Expenses:The assessee, a film director and professional choreographer, claimed that part of her residential premises was used as an office. She provided details of expenses such as interest on office loan, depreciation on office and furniture, society charges, and electricity charges, asserting that half of the premises were used for professional purposes. The AO disallowed these expenses due to a lack of satisfactory explanation and supporting documentary evidence.3. Admissibility of Additional Evidence During Appellate Proceedings:During the appellate proceedings, the assessee produced additional evidence to substantiate her claim, leading to a remand report from the AO. The AO reiterated the lack of information in the specified format and opposed the admission of additional evidence. However, the assessee argued that the necessary details were furnished during the assessment proceedings, and similar expenses were allowed in earlier years.4. Applicability of the Rule of Consistency:The assessee highlighted that similar expenses were allowed in earlier years, and disallowing them in the current year would violate the rule of consistency. The CIT(A) noted that the assessee had provided sufficient documentary evidence, including service tax registration certificates, commercial contracts, and invoices bearing the address of the premises. The CIT(A) relied on the Tribunal's decision in ACIT V/s M/s Krystal Colloids Private Ltd., which emphasized the concept of block assets and the rule of consistency.5. Allowability of Depreciation on Assets Used Partly for Business Purposes:The CIT(A) observed that the assessee, being a well-known choreographer, required a specified business place to earn significant professional income. The assessee had claimed proportionate depreciation on the part of the premises used for professional purposes. The Tribunal upheld this view, stating that the assets formed part of the opening block of assets, and depreciation could not be denied as long as the assets remained part of the block.6. Deduction of Interest on Loan Borrowed for Professional Purposes:The assessee claimed interest on a loan borrowed from Standard Chartered Bank for acquiring the office premises. The Tribunal concurred with the assessee's submission that the loan was borrowed for professional purposes, and the unit was put to use in the financial year 2011-12. Therefore, the interest was an allowable deduction under Section 36(1)(iii).7. Deduction of Society and Electricity Charges for Office Premises:The assessee claimed society and electricity charges proportionate to the office premises under Section 37(1). The Tribunal found that the assessee fulfilled the conditions prescribed under Section 37(1) and noted that similar expenses were allowed in earlier years. The assessee provided sufficient documentary evidence, including service tax registration certificates, commercial contracts, invoices, photographs, and video recordings, to substantiate her claim.Conclusion:The Tribunal dismissed the revenue's appeal, upholding the CIT(A)'s decision to delete the disallowance of expenses related to the residential premises. The Tribunal emphasized the rule of consistency, the concept of block assets, and the sufficiency of documentary evidence provided by the assessee to substantiate her claims. The appeal was dismissed, and the order was pronounced on 29th July 2021.