Part A — Reported Decisions
43 (2008) 112 ITD 57 (Kol.) (SB)
JCIT, Special Range 16 Kolkata v. ITC Ltd.
A.Y. 1997-98. Dated : 7-9-2007
In the reported case the Tribunal has considered various grounds which have been described in the case as fact-I, fact-II and so on. Out of XI grounds, the following grounds appear to be more relevant and important.
Fact-II :
Travelling expenses incurred even by non-employees is allowable if it is for the business.
The assessee-company claimed deduction of Rs.40.91 crores towards travelling expenditure, out of which Rs.58.30 lakhs was incurred in connection with travelling of auditors, retainers, consultants, etc. The company disallowed on its own Rs.8.92 lakhs under Rule 6D. The AO disallowed balance Rs.49.38 lakhs, as it had not been incurred by the employees or executives of the company. He further disallowed 1% of the claim of Rs.33.72 lakhs over and above the said disallowance on account of possibility of personal and pleasure trips. The CIT(A) deleted the addition. On Revenue’s appeal, the ITAT upheld the order of CIT(A) on the following grounds :
(1) The assessee had various factories, godowns, stock points apart from branches and offices at various locations.
(2) The travelling expenditure was very much incurred for the business.
(3) It is immaterial whether it is incurred by the employee or non-employee.
(4) The AO had nowhere brought on record that the expenditure was not incurred for the business.
Cases referred to :
(i) ACIT v. Perfect Project Ltd., (2002) 253 ITR 16 (AT) Calcutta Bench
(ii) Sayaji Iron & Engg. Co. v. CIT, (2002) 253 ITR 749 (Guj.)
(iii) Dinesh Mills Ltd. v. CIT, (2002) 254 ITR 673 and a few more.
Fact-IV :
Expenditure for sponsorship, prize money, etc. is revenue expenditure for the purposes of business.
Payments made to clubs by the assessee included expenditure for sponsorship, prize money, etc. The AO disallowed the same, observing that the same was not incidental to the business. The CIT(A) deleted the addition by following the earlier appellate order for A.Y. 1994-95. On Departmental appeal, the ITAT upheld the order of CIT(A) and allowed the expenditure on the following grounds :
(1) The assessee submitted proper details in respect of the expenditure which was incurred by it for sponsorship of events.
(2) Nowadays it is very common to sponsor some sports or events to advertise the products of the company or for the company’s corporate image.
(3) The AO has not given any congent reason for disallowing the expenditure.
(4) The said expenditure is very much revenue expenditure for the purposes of business.
Case referred to :
(i) CIT v. Delhi Cloth & General Mills Co., (1999) 240 ITR 9 (Delhi).
Fact-VI :
Repairs to the building owned by the assessee-company used by its directors for residence is an allowable expenditure. Secondly, expenditure on reinstallation of machinery from one factory to another factory is not capital expenditure.
(A) The assessee-company incurred expenditure on repairs to buildings, which included repairs to company flats. The said flats were exclusively used by the directors and the higher executives of the company. The AO disallowed 25% of such claim on the ground that the personal element in the expenditure could not be ruled out.
(B) The assessee-company also incurred expenditure on repairs to machinery, which included expenditure on reinstallation of Loga machine at Bangalore factory. The said machine was brought from company’s Saharanpur factory. The AO disallowed the same as it was a capital expenditure. The CIT(A) deleted both the additions. On Revenue’s appeal, the ITAT upheld the CIT(A)’s order and referred to the following :
(A) (1) The flats were owned by the assessee company and were utilised by the assessee-company’s directors and executives.
(2) Hence, the expenditure incurred on maintenance cannot be said to be personal nature just because the flats are occupied by the directors for their residence.
(3) The expenditure incurred by the company for personal benefit of directors cannot be considered as personal expenditure of assessee company, since the assessee and the employees are two different entities.
Regarding the installation expenditure of machinery it held that :
(B) (1) The machinery from Saharanpur has been shifted to Bangalore unit for its effective utilisation.
(2) This has not resulted into any addition to the assets of the assessee-company and hence it cannot be considered as capital expenditure.
Cases referred to :
(i) Sitapur Sugar Works Ltd. v. CIT, (1963) 49 ITR 160
(ii) Otis Elavators Co. (India) Ltd. v. CIT, (1992) 195 ITR 682
Fact-IX :
S. 36(1)(iii) – The interest on borrowed funds is an allowable expenditure if the assessee has sufficient own funds to justify interest-free advances to sister concerns.
The assessee borrowed money and claimed deduction of interest paid thereon. The assessee had also made interest-free advances to its subsidiaries. The AO disallowed the interest by calculating notional interest @ 18% p.a. on loans to subsidiaries, observing that interest-free advances were made to subsidiaries out of borrowed funds. The CIT(A) deleted the addition. On Departmental appeal, the ITAT upheld the order of CIT(A) and allowed the interest on the following grounds:
Cases referred to:CIT v. Britannia Industries Ltd., (2006) 280 ITR 525 and a few more.