2023 (8) TMI 1254 - AT - Income Tax

Tribunal upholds CIT(A)'s decision on Section 80IA deduction but reinstates disallowance of expenses

ACIT, Circle-5 (2), New Delhi Versus M/s. Celebi delhi Cargo Terminal Management India Pvt. Ltd.

The Tribunal dismissed the Revenue's appeal regarding the disallowance of deduction under Section 80IA of the Income Tax Act, upholding the CIT(A)'s ... Deduction u/s 80IA - AO considered Cargo Services rendered by the assessee company to be not covered for the benefit of Section 80IA - assessee had claimed that maintaining, managing, operating, upgrading, modernizing and developing the cargo terminal at the IGI Airport falls in the definition of infrastructural facility u/s 80IA - CIT(A) has deleted the disallowance - HELD THAT:- As decided in assessee own case [2018 (11) TMI 1322 - ITAT DELHI] appellant has satisfied all the conditions to claim deduction under section 80IA. Addition of miscellaneous expenditure - revenue argued assessee had failed to produce bills and vouchers still Ld. CIT(A) has deleted the addition - HELD THAT:- The order of Ld. CIT(A) indicates that like AO he has also gone on the general observations however he was correct in holding that if an expenditure is to be disallowed then the same needs to be examined ascertaining if the same is wholly and exclusively in the course of business. There being no finding on that aspect with regard to disallowance of expenses, other than miscellaneous expense which certainly required production of bills and vouchers, to examine the head under which they can be considered for being allowed, having been incurred wholly and exclusively in the course of business. As no specific bills and vouchers were filed, at any stage, the miscellaneous expenses was wrongly deleted by Ld. CIT(A) and to that extend the ground no. 2 of the Revenue is allowed partly Issues Involved:1. Disallowance of deduction under Section 80IA of the Income Tax Act.2. Disallowance of miscellaneous expenses due to lack of supporting bills and vouchers.Summary:Issue 1: Disallowance of Deduction under Section 80IAThe Revenue challenged the CIT(A)'s order which allowed the assessee's deduction under Section 80IA of the Income Tax Act. The Assessing Officer (AO) had disallowed the deduction on the grounds that the assessee was not engaged in eligible business as per Section 80IA(4)(i) and did not have an agreement with the Central or State Government or a statutory body. The AO also noted that the agreement for upgradation and maintenance of the cargo terminal was with a different company.The CIT(A) deleted the disallowance, relying on the Tribunal's decision in the assessee's own case for A.Y. 2012-13, which found that the assessee was eligible for the deduction. The Tribunal had observed that the AO had examined the issue and that the assessment order could not be considered erroneous if there were two possible views. The CIT(A) also considered various judicial precedents supporting the assessee's claim that agreements with bodies like DIAL (Delhi International Airport Pvt. Ltd.) are sufficient for compliance with Section 80IA(4).The Tribunal upheld the CIT(A)'s decision, noting that the issue had been fully considered on merits in previous years and decided in favor of the assessee. There were no distinguishing facts or changes in law to warrant a different conclusion.Issue 2: Disallowance of Miscellaneous ExpensesThe AO disallowed miscellaneous expenses due to the absence of supporting bills and vouchers. The CIT(A) deleted this disallowance, noting that the AO had made general remarks without pointing out specific expenses that were not vouched or were bogus. The CIT(A) found that the law does not permit disallowance of expenses based on sweeping remarks without context.The Tribunal partly upheld the CIT(A)'s decision. It agreed that general observations were insufficient for disallowance but noted that specific bills and vouchers for miscellaneous expenses of Rs. 8,20,210/- were not produced at any stage. Therefore, the Tribunal allowed the Revenue's ground to the extent of these specific expenses.Conclusion:The Tribunal dismissed the Revenue's appeal regarding the disallowance of deduction under Section 80IA but partly allowed the appeal concerning the disallowance of miscellaneous expenses, reinstating the disallowance of Rs. 8,20,210/- due to lack of supporting documentation.Order pronounced in the open court on 24th August, 2023.