2013 (9) TMI 1227 - AT - Income Tax

Summary

Issues Involved:
1. Disallowance of freight expenses u/s 40(a)(ia).
2. Disallowance of foreign travelling expenses.
3. Disallowance of gift expenses.
4. Adjustment of provision for doubtful debts to book profit u/s 115JB.
5. Priority of adjustments in calculating book profit u/s 115JB.

Summary:

1. Disallowance of freight expenses u/s 40(a)(ia):
The assessee claimed a deduction for freight expenses amounting to Rs. 40,61,041/-. The Assessing Officer disallowed this deduction because the assessee did not deduct tax at source as required by section 40(a)(ia). The CIT(A) upheld the disallowance, reasoning that the liability was ascertainable and tax should have been deducted. The Tribunal agreed, stating that the assessee's provision for freight expenses fell under section 194C, requiring tax deduction at source. Thus, the disallowance was confirmed.

2. Disallowance of foreign travelling expenses:
The assessee incurred foreign travel expenses of Rs. 54,85,251/-, which were disallowed by the Assessing Officer. The CIT(A) partially allowed the expenses, reducing the disallowance to Rs. 21,24,370/-. The Tribunal reviewed specific trips and upheld the disallowance for trips where the business purpose was not established, confirming the disallowance of Rs. 52,85,251/- out of the total Rs. 54,85,251/-.

3. Disallowance of gift expenses:
The Assessing Officer disallowed gift expenses of Rs. 30,38,898/-, stating they were not wholly and exclusively for business purposes. The CIT(A) partially allowed the expenses, reducing the disallowance to Rs. 10,63,614/-. The Tribunal upheld this decision, noting that the assessee admitted that 35% of the expenses should be disallowed, confirming the partial disallowance.

4. Adjustment of provision for doubtful debts to book profit u/s 115JB:
The Assessing Officer added a provision for doubtful debts amounting to Rs. 268.33 lakhs to the book profit u/s 115JB, which was confirmed by the CIT(A) based on a retrospective amendment. The Tribunal upheld this adjustment, agreeing with the CIT(A) that the provision for doubtful debts falls under Clause (i) of Explanation 1 to sub-section (2) of section 115JB.

5. Priority of adjustments in calculating book profit u/s 115JB:
The assessee argued for excluding the entire amount of adjusted profit from book profit due to its status as a sick industrial company. The Assessing Officer prioritized reducing brought forward business losses and unabsorbed depreciation first. The CIT(A) confirmed this method. The Tribunal agreed, stating that adjustments under clause (iii) should be made before adjustments under clause (vii) of Explanation 1 to sub-section (2) of section 115JB.

Conclusion:
Both appeals were partly allowed, with specific disallowances and adjustments being upheld or modified as detailed above.