2025 (11) TMI 37 - AT - Income Tax

Most claims allowed - dies and moulds treated revenue; software, leasehold premium deductions allowed; bad-debt additions deleted; foreign tax credit admitted

ITAT MUMBAI allowed most contested claims of the assessee. Expenditures on dies, moulds, jigs and fixtures were treated as revenue expenditure following ... Nature of expenses - expenditures on dies and moulds revenue expenditure or capital expenditure - HELD THAT:- The issue in appeal has been considered by the Co-ordinate Bench of this tribunal in assessee's own case [2024 (2) TMI 1592 - ITAT MUMBAI] and decided the issue in favour of the assessee and against the department. Nature of expenditure incurred on jigs and fixtures - The issue in appeal has been considered by the Co-ordinate Bench of this tribunal in assessee's own case [2024 (2) TMI 1592 - ITAT MUMBAI] and decided the issue in favour of the assessee and against the department. Rejection of additional claim by the assessee on the basis that such claim was not made through tax return - allowability of stamp duty paid by the assessee - At the outset, we find that in Goetze (India) Ltd. [2006 (3) TMI 75 - SUPREME COURT] and Pruthvi Brokers and Shareholders Pvt. Ltd.[2012 (7) TMI 158 - BOMBAY HIGH COURT] have held that the appellate authority can entertain a fresh claim made by the assessee, even if such a claim is not made in the return of income or by way of revised return of income. Thereforewe do not find any infirmity in the findings of the learned CIT(A) in admitting the claim of the assessee and directing the AO to verify the same. Accordingly, the findings of the learned CIT(A) on this issue are upheld and ground no.3 raised in Revenue’s appeal is dismissed. Disallowance of deduction in respect of proportionate premium of leasehold land - We find that while deciding the similar issue, the Co-ordinate Bench of the Tribunal in Bajaj Holdings and Investment Ltd. (Erstwhile Bajaj Auto Ltd.) [2024 (6) TMI 1505 - ITAT MUMBAI] allowed the claim of the assessee. Disallowance of deduction in respect of provision for bad and doubtful debts and advances -As decided in own case [2023 (4) TMI 1288 - ITAT MUMBAI] perusal of the assessment order shows that in computation of total income the Assessing Officer has added provision for bad and doubtful debts. However, the AO has not given any reasoning for adding provision for doubtful debts. In the first appellate proceedings the CIT(A) has directed the Assessing Officer to allow deduction of the aforesaid amount. Against this the Revenue is in appeal before the Tribunal. We find that in assessment year 1995-96 the AO in identical manner had added provision for doubtful debts. The CIT(A) directed the Assessing Officer to delete the addition. The Revenue carried the issue in appeal before the Tribunal. The Tribunal following the decision rendered in the case of Vijaya Bank [2010 (4) TMI 46 - SUPREME COURT] upheld the findings of CIT(A) and dismissed the ground raised by the Revenue. Deduction claimed in respect of income tax paid in Chile - HELD THAT:- As evident that the assessee made the claim for deduction for the first time before the AO and no such deduction was claimed in the return of income filed by the assessee. As noted in the foregoing paragraphs, the appellate authority can entertain such fresh claim made by the assessee, even if such a claim was not made in the return of income or by way of revised return of income. Therefore, we do not find any infirmity in the findings of the learned CIT(A) to the extent that such fresh claim of the assessee was admitted. However, since such a claim was made for the first time, we are of the considered view that it needs to be examined in the light of the law on the subject. Therefore, we deem it appropriate to amend the directions of the learned CIT(A) and accordingly direct the AO to verify the claim and decide on the allowability of the deduction of income tax paid by the assessee in Chile as per law. Allowability of deduction of software expenditure - We find that the Co-ordinate Bench of the Tribunal in DCIT vs. M/s. Bajaj Holdings and Investment Ltd. (Erstwhile Bajaj Auto Ltd.) [2024 (6) TMI 1505 - ITAT MUMBAI] held that the expenditure incurred on software maintenance charges is an allowable expenditure. In the present case, it is an undisputed fact that this expenditure was incurred by the assessee for purchase of application software, which was used in business units and inhouse research and development unit. Therefore, it is a plea of the assessee that the expenditure incurred for purchase and upgradation of software amounts to revenue expenditure. The Revenue could not bring any material to controvert the submission of the assessee. ISSUES PRESENTED AND CONSIDERED 1. Whether expenditure on dies and moulds is revenue expenditure deductible in the year incurred or capital expenditure attracting capitalization/depreciation. 2. Whether expenditure on jigs and fixtures is revenue expenditure or capital expenditure. 3. Whether an appellate authority may admit and direct verification of a claim (stamp duty on acquisition) raised for the first time during assessment proceedings though not made in the original or revised return. 4. Whether proportionate premium paid on leasehold land (written off to profit & loss) is deductible though not claimed in the original return. 5. Whether provision for bad and doubtful debts and advances debited to profit & loss (but not claimed in the original return) is allowable without actual write-off of specific debts as required by section 36(4)(vii) of the Income-tax Act. 6. Whether income tax paid in a foreign jurisdiction (Chile) debited to profit & loss but claimed first during assessment proceedings is admissible and, if so, subject to what scrutiny. 7. Whether expenditure on purchase/upgrade/maintenance of application/software is capital expenditure or revenue expenditure deductible in the year incurred. ISSUE-WISE DETAILED ANALYSIS Issue 1 - Nature of expenditure on dies and moulds Legal framework: Distinction between capital and revenue expenditure (enduring benefit, creation of capital asset, treatment under tax law and depreciation provisions). Precedent treatment: The Tribunal's coordinate-bench decisions in prior assessment years of the same commercial group have consistently held similar expenditures on dies and moulds to be revenue in nature where replacements relate to wear and tear or design changes; Revenue's earlier assessment treated such amounts as capital with depreciation. Interpretation and reasoning: The Tribunal examined the factual character of the items - tooling aids used in production, frequently replaced due to wear or design change, not creating new capital asset or conferring enduring benefit beyond the production process - and relied on consistent past determinations of the Tribunal in identical facts. The Court found no material to distinguish from those precedents or to demonstrate enduring benefit warranting capitalization. Ratio vs. Obiter: Ratio - where dies and moulds are replacement tooling consumed in production and do not create a new enduring asset, such expenditure is revenue in nature and deductible; following consistent tribunal precedent is appropriate. Obiter - none material beyond reliance on consistency. Conclusion: The Tribunal upheld the appellate authority's allowance of the expenditure as revenue; Revenue's ground dismissed. Issue 2 - Nature of expenditure on jigs and fixtures Legal framework: Same capital/revenue distinction; emphasis on whether items are part of machinery with enduring life or replaceable tooling qualifying as current repairs/consumables. Precedent treatment: Coordinate-bench decisions in multiple prior assessment years (same taxpayer group) treating jigs and fixtures replacements as revenue expenditure; assessing officer treated them as capital and allowed depreciation. Interpretation and reasoning: The Tribunal applied the established principle that jigs and fixtures used as tooling aids in automobile manufacture, which require frequent replacement due to wear and design changes and which were capitalised only on first installation, may be treated as revenue expenditure when replaced. The Tribunal found the facts indistinguishable from prior decisions and the Revenue failed to bring contrary material. Ratio vs. Obiter: Ratio - replacement costs of jigs and fixtures that do not create a new enduring asset are revenue expenditures; consistent past tribunal rulings bind the outcome. Obiter - none material beyond factual parity with earlier years. Conclusion: The Tribunal upheld the allowance as revenue expenditure and dismissed Revenue's ground. Issue 3 - Admission of fresh claim for stamp duty (first raised during assessment) Legal framework: Principle permitting appellate/collective authorities to entertain fresh claims not made in the original/revised return if law permits consideration at appellate/assessment stage; requirement for proper verification before allowance. Precedent treatment: Higher court precedent authorizes appellate authorities to admit fresh claims; jurisdictional high-court authority consistent with that view. Interpretation and reasoning: Applying the authoritative principle, the Tribunal held that the appellate authority was entitled to admit the additional claim for stamp duty even though it was first raised during assessment. The appellate direction to verify the claim was appropriate; no procedural bar to admission in appeal was found. The Tribunal therefore found no infirmity in admitting the claim and directing verification by the assessing officer. Ratio vs. Obiter: Ratio - appellate authority can entertain and direct verification of fresh claims raised during assessment even if not in the original/revised return; such claims must be verified before allowance. Obiter - none. Conclusion: The Tribunal upheld the appellate authority's direction that the claim be verified and allowed if established; Revenue's challenge dismissed. Issue 4 - Proportionate premium on leasehold land written off to profit & loss Legal framework: Deductibility of lease premium amortisation/written-off amounts when reflected in profit & loss; capital nature of land rights vs allowable revenue write-offs depending on accounting/tax treatment and prior decisions. Precedent treatment: Coordinate-bench decisions in earlier assessment years of the same group allowed such write-offs when debited to profit & loss; assessing officer had disallowed the claim. Interpretation and reasoning: The Tribunal followed consistent tribunal precedent which treated amounts written off in respect of premium on leasehold land as allowable deductions where the factual matrix matched. The Revenue did not produce distinguishing material to rebut the precedent or show the present facts warranted a different conclusion. Ratio vs. Obiter: Ratio - where proportionate premium on leasehold land has been written off to profit & loss and factual circumstances align with prior determinations, such amounts are allowable deductions. Obiter - none. Conclusion: The Tribunal upheld the appellate authority's allowance and dismissed Revenue's ground. Issue 5 - Provision for bad and doubtful debts and advances Legal framework: Allowability of provision for bad and doubtful debts under tax law; requirement (where applicable) of actual write-off for specific debts; relevance of judicial authority recognizing allowance of provisions in certain circumstances. Precedent treatment: Tribunal and higher court authority (on similar facts) have permitted allowance of provisions where facts and accounting treatment justified; prior coordinate-bench decisions in the taxpayer's own case supported allowance. Interpretation and reasoning: The Tribunal relied on binding precedent which permitted deduction of provisions debited to profit & loss where the facts were the same and no material distinction was shown. The appellate authority's direction to allow the provision followed those precedents. The Tribunal noted the Revenue had not produced material to overturn those findings. Ratio vs. Obiter: Ratio - provisions for bad and doubtful debts debited to profit & loss may be allowable where established facts and precedents support such treatment even if not claimed in the original return; factual examination governs. Obiter - applicability of section requiring specific write-offs depends on factual matrix and was not held to bar allowance in these circumstances. Conclusion: The Tribunal upheld the allowance of the provision and dismissed Revenue's ground. Issue 6 - Deduction for income tax paid in a foreign jurisdiction (Chile) Legal framework: Deductibility of foreign taxes as business expenditure depends on nature of payment, characterisation as tax, and compliance with governing law; procedural permissibility of admitting fresh claims at appellate/assessment stage requires verification. Precedent treatment: Appellate authority empowered to admit fresh claims; however, facts must be examined to determine allowability under substantive law. Some tribunal decisions have taken divergent views depending on facts. Interpretation and reasoning: The Tribunal agreed that the appellate authority properly admitted the fresh claim but emphasised that admissibility does not equate to automatic allowance. Given novelty of claim at assessment stage, the Tribunal modified the appellate direction to require the assessing officer to verify the factual and legal foundation of the claimed foreign tax deduction and then decide as per law. Ratio vs. Obiter: Ratio - admission of a fresh claim is procedurally permissible; substantive allowability requires verification and determination by the assessing officer. Obiter - none. Conclusion: The Tribunal partly allowed Revenue's appeal for statistical purposes by directing verification and adjudication of the foreign tax claim by the assessing officer as per law. Issue 7 - Allowability of software expenditure Legal framework: Distinction between capital and revenue expenditure in relation to software - purchase/upgrade for use in business or maintenance charges may be revenue, while acquisition of enduring capital software asset may be capital; factual use (business units, in-house R&D) relevant. Precedent treatment: Coordinate-bench decisions treating software maintenance/purchase used in business and in-house R&D as revenue expenditure and allowable. Interpretation and reasoning: The Tribunal found it an undisputed fact that the expenditure related to application software used in business operations and in-house R&D. In absence of contrary material, and following coordinate-bench precedent, the Tribunal concluded the expenditure was revenue in nature and allowable. Ratio vs. Obiter: Ratio - expenditure on application software used in business and in-house R&D may be revenue expenditure and allowable where facts show no enduring capital asset creation; precedent supports this approach. Obiter - extent to which large bespoke software might be capital depends on facts. Conclusion: The Tribunal upheld the appellate authority's allowance of the software expenditure and dismissed Revenue's ground. Overall Disposition The Tribunal upheld the learned appellate authority on all substantive grounds except it modified the direction on the foreign income-tax claim to require the assessing officer to verify and decide the claim in accordance with law; the Revenue's appeal was otherwise dismissed (partly allowed only for statistical modification on the foreign tax issue).