2024 (12) TMI 551 - AT - Income Tax

Loan write-off to Indonesian subsidiary allowed as business expenditure under section 37

Siddhayu Aayurvedic Research Foundation Pvt. Ltd. Versus ACIT Circle 4 (3) (2), Mumbai

Siddhayu Aayurvedic Research Foundation Pvt. Ltd. Versus ACIT Circle 4 (3) (2), Mumbai - TMI Issues Involved:1. Assessment of total income.2. Disallowance of write-off of loan advanced to a step-down subsidiary in Indonesia.3. Transfer pricing adjustment on account of corporate guarantee charges.4. Levy of interest under section 234B of the Act.5. Initiation of penalty proceedings under sections 270A and 271AA of the Act.Issue-wise Detailed Analysis:1. Assessment of Total Income:The appellant contested the assessment of its total income at INR 11,35,61,343/- against the returned income of INR 2,37,09,958/-. The tribunal examined the draft assessment order, the Transfer Pricing Officer's (TPO) order, and the Dispute Resolution Panel's (DRP) directions. The tribunal concluded that the assessment was conducted based on specific risk parameters, and the adjustments made by the TPO and DRP were consistent with the statutory provisions.2. Disallowance of Write-off of Loan Advanced to a Step-down Subsidiary in Indonesia:The appellant challenged the disallowance of the write-off of a loan of INR 8,91,78,685/- advanced to its step-down subsidiary in Indonesia. The tribunal examined whether the write-off could be considered a business expense under section 37 of the Income Tax Act. The tribunal noted that the loan was advanced for commercial expediency, aiming to support the subsidiary's coal mining operations, which were intended to benefit the appellant's business. The tribunal found that the authorities below misunderstood the facts and failed to appreciate the commercial rationale behind the loan. Citing various judicial precedents, the tribunal concluded that the write-off was indeed a business loss and allowed the deduction under section 37(1).3. Transfer Pricing Adjustment on Account of Corporate Guarantee Charges:The appellant disputed the transfer pricing adjustment of INR 6,72,600/- related to corporate guarantee charges. The tribunal noted that the adjustment was made without considering the charges recovered from the associated enterprise (AE), which were acknowledged in the original TP order. The tribunal found merit in the appellant's contention that the adjustment should not have been made for the entire year, as the guarantee was provided only for part of the year. Consequently, the tribunal directed the assessing officer to reconsider the adjustment.4. Levy of Interest Under Section 234B of the Act:The appellant contested the levy of interest amounting to INR 1,28,26,58,684/- under section 234B. The tribunal recognized that this issue was consequential and subject to verification based on the directions provided in the judgment. The assessing officer was instructed to verify the interest levy in accordance with the tribunal's findings on other issues.5. Initiation of Penalty Proceedings Under Sections 270A and 271AA of the Act:The initiation of penalty proceedings under sections 270A and 271AA was challenged by the appellant. The tribunal noted that the initiation of penalty proceedings is not appealable at this stage, as it is considered premature. Consequently, the grounds related to penalty proceedings were dismissed.Conclusion:The appeal was partly allowed, with the tribunal directing the allowance of the write-off of the loan as a business loss under section 37(1). The transfer pricing adjustment was remanded for reconsideration, and the interest levy was subject to verification. The penalty-related grounds were dismissed as premature. The tribunal's decision emphasized the importance of understanding the commercial context of transactions and the necessity of aligning assessments with statutory provisions.