2013 (7) TMI 1072 - AT - Income Tax

Summary

Issues involved:
Cross appeals filed by the assessee and the Assessing Officer (AO) against the order of CIT(A)-9 Mumbai regarding disallowance of VSAT charges and transaction charges under section 40(a)(ia) read with section 194 J of Income Tax Act, 1961.

Issue 1: Disallowance of VSAT charges and transaction charges
- Assessee-company declared a loss in its return of income.
- AO determined total income of the assessee, including disallowance of VSAT charges and transaction charges under section 40(a)(ia).
- FAA upheld the disallowance made by the AO.
- AR argued in favor of the assessee, citing judgments and provisions of the Act.
- Tribunal held that VSAT charges were not covered by section 40(a)(ia) based on the Bombay High Court's decision.
- Tribunal remanded the issue of transaction charges back to the FAA for further verification.
- Effective ground of appeal filed by the assessee allowed in part.

Issue 2: Disallowance of business expenses
- AO disallowed business expenses claimed by the assessee.
- FAA held that if expenses were incurred wholly and exclusively for business, they had to be allowed.
- AR contended that the expenses were for business purposes and there was a temporary cessation of business.
- Tribunal found FAA's order lacking clarity on allowable/disallowable items of expenditure.
- Matter remanded back to the FAA for a fresh order with clear findings.
- Effective ground of appeal filed by the AO allowed in part.

Conclusion:
The Tribunal partially allowed the appeals filed by both the assessee and the AO, remanding the issues of VSAT charges, transaction charges, and business expenses for further examination and clarification by the FAA.