2002 (6) TMI 333 - AT - Income Tax

Summary

Issues:
1. Disallowance of payment made to club
2. Disallowance of depreciation on cylinders
3. Charge of interest under section 234B of the Act

Issue 1: Disallowance of payment made to club
The appeal was against the disallowance of Rs. 42,770 made by the Assessing Officer on account of payment made to a club, stating it was personal expenditure. The Commissioner (Appeals) upheld the disallowance, which led to the appeal. The appellant argued that previous Tribunal orders favored the deduction of club expenditure for business purposes. The ITAT agreed, citing past rulings and held that the disallowance was unjustified, thus deleting it.

Issue 2: Disallowance of depreciation on cylinders
The dispute involved the purchase of industrial gas cylinders and subsequent hiring to another company. The Assessing Officer disallowed depreciation, suspecting the transaction's genuineness due to discrepancies in serial numbers and transportation details. The Commissioner (Appeals) upheld this decision. The appellant presented evidence to support the transaction's authenticity, including clarifications from the hiring company and transporters. The ITAT reviewed the evidence and concluded that the transaction was genuine, allowing 100% depreciation but restricting it to 50% due to partial usage within the year.

Issue 3: Charge of interest under section 234B of the Act
The interest charge under section 234B was considered consequential. The ITAT directed the Assessing Officer to recalculate the interest based on the income determined per their order. Consequently, the appeal was partly allowed, with the ITAT ruling in favor of the appellant on the club payment and depreciation issues, while addressing the interest charge matter for recalculation.