2006 (8) TMI 243 - AT - Income Tax

Tribunal Grants Partial Relief on Expenses for Commission, Brokerage, and More; Upholds Decision on Software Expenditure.

The Tribunal partially allowed the assessee's appeals, granting relief on commission and brokerage expenses, ex gratia payments, and interest on ... Deduction claimed on account of renovation of office premises - lease office - Capital Or Revenue Expenditure - HELD THTA:- We are of the view that the expenditure being in the nature of extensive renovation and beautification, acquisition of furniture, plant and machinery has rightly been disallowed as capital expenditure by the learned AO and the learned CIT(A). We estimate that if 5 per cent of the expenditure as claimed by the assessee is allowed, the same would adequately cover the expenditure incurred by the assessee on repairs of the premises leased out to the assessee. The balance expenditure should suitably be divided between the building, furniture, plant and machinery and the assessee should be allowed depreciation at corresponding rates. For that limited purpose we restore this issue to the file of the learned AO who would work out depreciation allowable to the assessee under Expln. 1 to s. 32(1) in the light of our order and after allowing the assessee reasonable opportunity of being heard in the matter. The assessee's grounds of appeal in this respect for all the three years are disposed of accordingly. Disallowance of a sum of commission and brokerage expenses - HELD THAT:- On consideration of the matter we hold that the assessee has furnished all primary details from which it appears that the assessee has incurred the expenditure in the ordinary course of carrying on of its business. No specific material has been relied upon by the Revenue for the finding given that the expenditure incurred was on the higher side. The persons to whom the payments have been made are unrelated persons and therefore, it appears that the transactions have been carried out at arm's length. We therefore direct that the full deduction as claimed by the assessee in this behalf of Rs. 6,97,800 should be allowed to the assessee. In the result, while the appeals filed by the assessee are partly allowed, appeals filed by the Revenue are dismissed. Issues Involved:1. Deduction claimed by the assessee on account of renovation of office premises.2. Disallowance of commission and brokerage expenses.3. Disallowance of ex gratia payment.4. Disallowance of contribution made to superannuation fund.5. Non-deduction of interest on interest-tax.6. Deletion of disallowance for interest accrued but not due.7. Allowance of expenditure on software.Issue-Wise Detailed Analysis:1. Deduction Claimed by the Assessee on Account of Renovation of Office Premises:The primary dispute in the appeals revolves around the deduction claimed by the assessee for renovation of office premises taken on lease. The assessee incurred substantial expenses on renovation and claimed these as revenue expenditure. The Assessing Officer (AO) and the Commissioner of Income Tax (Appeals) [CIT(A)] treated these expenses as capital expenditure, citing that the renovations provided enduring benefits and resulted in the creation of capital assets. The Tribunal noted that the premises were leased and the expenditure was incurred to adapt the building to the assessee's business needs. However, given the extensive nature of the renovations and the acquisition of long-lasting improvements, the Tribunal upheld the disallowance of the majority of the claimed expenses as capital in nature but allowed 5% of the expenditure as revenue expenditure for repairs.2. Disallowance of Commission and Brokerage Expenses:The AO disallowed 50% of the commission and brokerage expenses claimed by the assessee for arranging office and residential accommodation for employees, deeming the expenses excessive. The CIT(A) partially upheld this disallowance. However, the Tribunal found that the assessee provided detailed information about the payments, including the payees and the specific accommodations arranged. The Tribunal concluded that the transactions were conducted at arm's length and allowed the full deduction of Rs. 6,97,800/- claimed by the assessee.3. Disallowance of Ex Gratia Payment:The AO disallowed the ex gratia payment of Rs. 2,80,000/- made by the assessee, stating it was neither contractual nor verifiable. The CIT(A) upheld this disallowance, citing the lack of justification provided by the assessee. The Tribunal, however, noted that the assessee had furnished details such as names of employees, dates, and amounts of payments. The Tribunal found no justification for the disallowance and deleted it.4. Disallowance of Contribution Made to Superannuation Fund:The AO disallowed the contribution of Rs. 8,56,591/- to the superannuation fund based on the second proviso to section 43B. The Tribunal, relying on the Special Bench decision in Kwality Milk Foods Ltd., which treated the deletion of the second proviso as retrospective, deleted the disallowance.5. Non-Deduction of Interest on Interest-Tax:The AO disallowed the deduction of interest on interest-tax amounting to Rs. 10,369/- for the assessment year 1996-97 and Rs. 17,97,895/- for the assessment year 1997-98, treating it as penal in nature. The Tribunal, however, found no evidence to support the Revenue's claim that the interest was penal and allowed the deduction, treating it as compensatory interest.6. Deletion of Disallowance for Interest Accrued but Not Due:The AO added the interest accrued but not due on government securities to the assessee's income, citing the mercantile system of accounting. The CIT(A) deleted these additions, aligning with the Tribunal's decision in the case of State Bank of Bikaner & Jaipur. The Tribunal upheld the CIT(A)'s decision, provided the assessee offered the interest on a due date basis in the relevant assessment years.7. Allowance of Expenditure on Software:The AO treated the expenditure on software as capital expenditure. The CIT(A) allowed the deduction, recognizing the fast-changing nature of software technology requiring frequent updates. The Tribunal upheld the CIT(A)'s decision, rejecting the Revenue's contention.Conclusion:The Tribunal partly allowed the appeals filed by the assessee, granting relief on several grounds including commission and brokerage expenses, ex gratia payments, and interest on interest-tax. The appeals filed by the Revenue were dismissed, upholding the CIT(A)'s decisions on issues such as interest accrued but not due and software expenditure.