2023 (4) TMI 334 - AT - Income Tax

Tribunal Partially Allows Appeals, Remands Several Issues for Verification; Dismisses Cross Objection by Assessee.

Gujarat State Fertilizers And Chemicals Limited Versus Dy. Commissioner of Income Tax, Central Circle-1 (1) (1), Vadodara And (Vice-Versa) And Gujarat State Fertilizers & Chemicals Limited Versus Dy. Commissioner of Income Tax Central Circle-1 (1), Vadodara

Gujarat State Fertilizers And Chemicals Limited Versus Dy. Commissioner of Income Tax, Central Circle-1 (1) (1), Vadodara And (Vice-Versa) And Gujarat ... Issues Involved:1. Disallowance of administrative expenditure under Section 14A read with Rule 8D.2. Disallowance of repairs and maintenance expenses.3. Disallowance of contribution to Sardar Vallabhbhai Patel Rashtriya Ekta Trust.4. Inclusion of interest on income tax refund in total income.5. Disallowance of business expenditure for abandoned projects.6. Disallowance of expenditure for obtaining land on lease.7. Deduction of wage revision on payment basis.8. Adjustment to book profit under Section 115JB.Summary:1. Disallowance of Administrative Expenditure:The Tribunal remanded the issue back to the Assessing Officer (AO) for proper verification and adjudication, directing the AO to consider the contentions regarding the use of borrowings for business purposes and investments from the assessee's own funds for earning exempt income. The Tribunal emphasized the need for proper verification of current liabilities and provisions in the computation of disallowance under Rule 8D.2. Disallowance of Repairs and Maintenance Expenses:The Tribunal allowed the assessee's appeal, holding that the expenditure on replacement of corroded water pipelines and the dual fuel burner system was in the nature of current repairs and did not bring into existence any new asset or enduring benefit. The Tribunal relied on the decision of the Ahmedabad Tribunal in the case of Gujarat Industries Power Co. Ltd. and held that these expenditures were revenue in nature.3. Disallowance of Contribution to Sardar Vallabhbhai Patel Rashtriya Ekta Trust:The Tribunal allowed the assessee's appeal, holding that the contribution to the Trust was incurred wholly and exclusively for the purpose of business on account of commercial expediency. The Tribunal relied on the decision of the Hon'ble Gujarat High Court in the case of Gujarat Narmada Valley Fertilisers Co. Ltd., noting that the expenditure was allowable under Section 37 of the Act.4. Inclusion of Interest on Income Tax Refund in Total Income:The Tribunal dismissed the assessee's appeal on this ground, as the issue was covered against the assessee.5. Disallowance of Business Expenditure for Abandoned Projects:The Tribunal allowed the assessee's appeal, holding that the expenditure incurred for the abandoned project was part of the business of manufacturing chemicals and should be considered as business revenue expenditure.6. Disallowance of Expenditure for Obtaining Land on Lease:The Tribunal remanded the issue back to the AO for proper verification and adjudication, directing the AO to determine if the expenditure was for the purpose of preparation of land for installation of windmill and to allow depreciation if it was considered as the cost of plant and machinery.7. Deduction of Wage Revision on Payment Basis:The Tribunal dismissed the assessee's appeal on this ground, as the ground did not sustain.8. Adjustment to Book Profit under Section 115JB:The Tribunal remanded the issue back to the AO for verification and adjudication in consonance with the decision in Vireet Investment, directing the AO to verify and adjudicate the adjustment to book profit under Section 115JB in respect of expenditure disallowable under Rule 8D read with Section 14A(2).Cross Objection:The Tribunal dismissed the cross objection filed by the assessee as it did not survive due to the filing of a regular appeal.Revenue's Appeal:The Tribunal partly allowed the Revenue's appeal for statistical purposes, dismissing the grounds related to repairs and maintenance, prior period expenses, and obsolete spares, while remanding the ground related to administrative expenditure back to the AO for verification and adjudication.Conclusion:The appeals of the assessee and the Revenue were partly allowed for statistical purposes, and the cross objection of the assessee was dismissed.