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2014 (1) TMI 1843 - AT - Income TaxAddition on account of deposition of PF/ESI - contribution of employees beyond the prescribed time but before filing of the returns for respective assessment years - Held that - The law on the issue stands settled that in case assessee deposits PF/ESI employees contribution before the due date of filing of return it cannot be disallowed under section 36(1)(va). We have gone through the decision of the Tribunal inter-alia therefore by respectfully following the same specifically the Tribunal s order in assessee s own case for A.Y. 2005-06 we confirm the impugned deletion and cannot allow ground No. (i) of the Revenue s appeal. Allowance of 80% depreciation on the complete structure of Wind Turbine Generator Machine (WTGM) - Held that - Referring to decision rendered for A.Y. 2005-06 & 2006-07 in assessee s own case where depreciation on wind mill including civil construction and other allied activities has been allowed @ 80% without segregating the building and the plant. disallowance in Foreign Exchange resulting in speculation loss - Held that - Where the foreign exchange contracts were only incidental to the assessee s regular course of business these cannot be treated as disallowance in Foreign Exchange resulting in speculation loss. CIT Vs. Elecon Engineering Company Ltd. (2010 (2) TMI 23 - SUPREME COURT OF INDIA) Disallowance of expenses under section 14A - Held that - As per Assessing Officer making of investment maintaining or continuing investment and time of exit from investment are well informed and well coordinate management decisions involving not only inputs from various sources but also acumen of senior management functionaries. Thus the assessee incurred incidental expenditure like telephone follow up etc. to earn the dividend income and such expenditure has been debited in the normal business expenses shown towards earning of taxable income. We have found from the record that the reasoning given to disallow this impugned amount has not been disputed specifically by stating that the assessee did not incur incidental expenditure like telephone etc. but it was argued that the assessee did not use borrowed funds on which interest had been paid and was nothing should be disallowed under section 14A of the Act.
Issues Involved:
1. Deletion of addition made on account of late deposition of PF/ESI contribution of employees. 2. Disallowance of 80% depreciation on the complete structure of Wind Turbine Generator (WTG) machine. 3. Treatment of 'forward cancellation charges' as speculation loss. 4. Disallowance of expenses under section 14A of the Act. Detailed Analysis: 1. Deletion of Addition Made on Account of Late Deposition of PF/ESI Contribution of Employees The primary issue in the Revenue's appeals was the deletion of additions made due to the late deposition of employees' PF/ESI contributions beyond the prescribed time but before the filing of returns. The Assessing Officer disallowed these contributions, citing section 36(1)(va) of the I.T. Act, 1961, which mandates that contributions must be deposited within the prescribed time under the relevant PF/ESI Act. The Ld. CIT(A) allowed these contributions, reasoning that the settled position of law permits such contributions if paid before the due date for filing the return of income. This position was supported by the Tribunal's order in the assessee's case for A.Y. 2005-06. The Tribunal upheld the Ld. CIT(A)'s decision, confirming that contributions made before the filing of returns cannot be disallowed under section 36(1)(va). 2. Disallowance of 80% Depreciation on the Complete Structure of Wind Turbine Generator (WTG) Machine The second common issue was the disallowance of 80% depreciation claimed on the complete structure of the Wind Turbine Generator Machine (WTGM). The Assessing Officer disallowed depreciation on parts of the WTGM, such as civil construction, not considering them eligible for 80% depreciation. The Ld. CIT(A) reversed this decision, following the ITAT's previous rulings in the assessee's favor for A.Y. 2005-06 and 2006-07, which allowed 80% depreciation on the entire WTGM without segregation. The Tribunal found no reason to deviate from the earlier orders and upheld the Ld. CIT(A)'s decision, dismissing the Revenue's appeal on this ground. 3. Treatment of 'Forward Cancellation Charges' as Speculation Loss In A.Y. 2009-10, an additional issue was the treatment of 'forward cancellation charges' as speculation loss. The Assessing Officer disallowed the net amount of Rs. 1,25,39,326/- by treating it as a speculation loss under section 43(5) of the Act. The Ld. CIT(A) reversed this finding, observing that the assessee's transactions were covered under clause (a) of the Proviso to section 43(5), as they were incidental to the assessee's regular business of exporting garments. The Tribunal supported this view, citing relevant case laws, including the Supreme Court's decision in CIT Vs. Elecon Engineering Company Ltd. and the Bombay High Court's decision in CIT Vs. Badridas Gauridu (P) Ltd., which held that such transactions are not speculative if they are incidental to regular business. Consequently, the Tribunal dismissed the Revenue's appeal on this ground. 4. Disallowance of Expenses Under Section 14A of the Act The final issue was the disallowance of expenses under section 14A, amounting to Rs. 82,583/-, related to earning tax-free dividend income. The Assessing Officer disallowed this amount, reasoning that incidental expenses like telephone and follow-up costs were incurred to earn the dividend income. The assessee argued that no borrowed funds were used for these investments. The Tribunal agreed with the Ld. CIT(A)'s findings and confirmed the disallowance, dismissing the assessee's cross-objection on this ground. Conclusion The Tribunal dismissed the Revenue's appeals and the assessee's cross-objections on the issues of late deposition of PF/ESI contributions and disallowance of 80% depreciation on WTGM. It also dismissed the Revenue's appeal on the treatment of 'forward cancellation charges' as speculation loss and confirmed the disallowance of expenses under section 14A. The comprehensive analysis confirms the Tribunal's adherence to legal precedents and established positions on these matters.
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