2023 (10) TMI 768 - AT - Income Tax

Tribunal Reverses Disallowance of Lease Rentals, Recognizes Pre-Operative Expenses as Revenue; Pending Issues to Affect Penalties

Ameriprise India Pvt. Ltd. Versus DCIT, Circle-2 (2), Delhi

Ameriprise India Pvt. Ltd. Versus DCIT, Circle-2 (2), Delhi - TMI Issues Involved:1. Disallowance of lease rental payments.2. Addition on account of pre-operative expenses.3. Non-grant of full credit in respect of Tax Deducted at Source (TDS) and advance tax.4. Levy of interest under section 234C of the Act.5. Initiation of penalty proceedings under section 271(1)(c).Summary:Issue 1: Disallowance of Lease Rental PaymentsThe assessee challenged the disallowance of Rs. 3,244,083/- under section 37(1) of the Income Tax Act, 1961, for lease rental payments made to a non-resident party. The AO disallowed the expenses due to lack of evidence and non-deduction of TDS under section 40(a)(i). The Tribunal found that the payments were indeed made for the accommodation of employees traveling to the USA for business purposes. The recipient was a tax resident of the USA with no Permanent Establishment in India. Therefore, the Tribunal held that no disallowance was called for under this head.Issue 2: Addition on Account of Pre-Operative ExpensesThe assessee contested the addition of Rs. 11,278,603/- towards pre-operative expenses for its mutual fund operations. The AO and DRP disallowed the expenses on the grounds that the business activity had not commenced, and the expenses were pre-operative. The Tribunal, however, noted that the financial consultancy and investment advisory services were an extension of the existing business of IT-enabled back-office services. Citing various judgments, including those of the Hon'ble Supreme Court and jurisdictional High Court, the Tribunal concluded that the two businesses were interconnected and interdependent, thus constituting the same business. Therefore, the expenses were allowable as revenue expenditure.Issue 3: Non-Grant of Full Credit in Respect of TDS and Advance TaxThe assessee claimed that the AO erred in granting credit for TDS and advance tax. The Tribunal noted that the assessee had filed a rectification application before the AO for these mistakes and stated that the ground would not be pressed if the application was allowed by the AO.Issue 4: Levy of Interest Under Section 234C of the ActThe assessee argued against the levy of interest under section 234C. Similar to the TDS and advance tax issue, the Tribunal noted the rectification application filed by the assessee and stated that the ground would not be pressed if the application was allowed by the AO.Issue 5: Initiation of Penalty Proceedings Under Section 271(1)(c)The assessee contended that the AO erred in initiating penalty proceedings under section 271(1)(c) based on the adjustments made in the assessment order. The Tribunal did not provide specific details on this issue but implied that it would be addressed based on the outcomes of the other issues.Conclusion:The Tribunal allowed the appeal of the assessee, overturning the disallowance of lease rental payments and the addition of pre-operative expenses. The issues regarding TDS, advance tax credit, and interest under section 234C were contingent on the rectification application filed by the assessee. The initiation of penalty proceedings under section 271(1)(c) would be reconsidered based on the final adjustments.