2004 (3) TMI 338 - AT - Income Tax

Summary

Issues Involved:
1. Treatment of foreign travelling expenses.
2. Disallowance of director's salary.
3. Disallowance of legal and professional expenses.
4. Disallowance of foreign travelling expenses for Unit-I and Unit-II.
5. Disallowance under Section 40A(2)(a) on account of remuneration to directors.
6. Disallowance of telephone and car expenses.
7. Disallowance of office and factory expenses.
8. Disallowance of depreciation on newly installed machinery.
9. Deletion of interest charged under Sections 234B and 234C.

Detailed Analysis:

1. Treatment of Foreign Travelling Expenses:
The Assessing Officer (AO) disallowed Rs. 11,26,606 on foreign travelling expenses due to lack of evidence supporting the purpose of visits. The CIT(A) directed the AO to correct an arithmetical error and treat the expenses as genuine business expenses. However, the Tribunal found that the CIT(A) did not examine the genuineness of the expenditure and restored the issue back to the CIT(A) for re-examination, including obtaining a remand report from the AO if necessary.

2. Disallowance of Director's Salary:
The AO disallowed Rs. 3,76,000, questioning the significant increase in director's remuneration. The CIT(A) deleted the disallowance, citing that the remuneration was within the limits prescribed by Schedule XIII to the Companies Act and approved by shareholders. The Tribunal restored the issue back to the AO, directing a fresh examination of the justification for the salary increase, considering the overall performance and contributions of the directors.

3. Disallowance of Legal and Professional Expenses:
The AO disallowed Rs. 79,500 paid to Rajan Berry & Associates due to lack of evidence of services rendered. The CIT(A) deleted the disallowance, accepting the assessee's explanation that the expense was for concurrent audit services required by IFCI. The Tribunal upheld the CIT(A)'s decision, rejecting the Revenue's appeal.

4. Disallowance of Foreign Travelling Expenses for Unit-I and Unit-II:
The AO disallowed Rs. 4,06,843 for Unit-I and Rs. 2,56,659 for Unit-II due to lack of evidence supporting the purpose of the trips and the source of boarding and lodging expenses. The CIT(A) deleted the disallowances, accepting the assessee's explanations. The Tribunal restored the issue back to the CIT(A) for re-examination, directing the assessee to provide necessary details and evidence.

5. Disallowance under Section 40A(2)(a) on Account of Remuneration to Directors:
The AO disallowed Rs. 8,32,752, questioning the increase in directors' remuneration. The CIT(A) deleted the disallowance, following his order for the previous year. The Tribunal restored the issue back to the CIT(A) for re-examination, directing a fresh evaluation of the justification for the salary increase.

6. Disallowance of Telephone and Car Expenses:
The AO made ad hoc disallowances for telephone and car expenses. The CIT(A) restricted the disallowances, and the Tribunal upheld the CIT(A)'s decision, rejecting the Revenue's appeal.

7. Disallowance of Office and Factory Expenses:
The AO disallowed Rs. 19,595 for wood purchased for table and cabin, treating it as capital expenditure, and made an ad hoc disallowance of Rs. 25,000 for lack of details. The CIT(A) deleted the disallowances, treating the expenses as revenue in nature. The Tribunal restored the issue back to the CIT(A) for re-examination, directing a detailed evaluation of the nature of the expenses.

8. Disallowance of Depreciation on Newly Installed Machinery:
The AO disallowed Rs. 15,55,570 for Unit-I and Rs. 11,89,058 for Unit-II, questioning the installation and commissioning dates of the machinery. The CIT(A) deleted the disallowances, accepting the assessee's explanations and evidence. The Tribunal restored the issue back to the CIT(A) for re-examination, directing a detailed evaluation of the installation and commissioning evidence.

9. Deletion of Interest Charged under Sections 234B and 234C:
The issue of deletion of interest under Sections 234B and 234C was not specifically addressed in the detailed analysis, implying it was not a significant point of contention in the appeals.

Conclusion:
The Tribunal partly allowed the appeals filed by the Revenue for statistical purposes, restoring several issues back to the CIT(A) and AO for re-examination and fresh adjudication, ensuring a thorough evaluation of the evidence and justifications provided by the assessee.