2011 (12) TMI 347 - AT - Income Tax

Whether CIT(A) erred in holding that the conditions prescribed in section 47 (xiv) are satisfied - It is further observed that as on 31st March 2005 there is a succession of the proprietorship business in to a corporate entity Krystal Colloids Private Limited whereby the assessee had assigned running business of M/s. Krystal Colloids sole proprietary concern as a going concern to Krystal Colloids Private Limited - The assessee submitted that some of these bank accounts were continued to ensure that the various refunds remittance etc. receivable from one or more government departments debtors etc. be directly credited to the respective accounts which were already disclosed to the respective authorities debtors etc - Under the Agreement of Assignment the assets and liabilities were to be transferred at book values. However in respect of these Intangible Assets the same have been transferred to the limited company at the revalued amounts being the book values - in the present case it cannot be held that he has received consideration or benefit indirectly other than by way of allotment of shares only because higher number of shares have been allotted due to revaluation - Decided in favor of the assessee

Issues Involved:
1. Whether the conditions prescribed in section 47(xiv) of the Income Tax Act, 1961 are satisfied.
2. Eligibility of the assessee for exemption under section 47(xiv) and the non-taxability of capital gains.
3. Disallowance of depreciation claimed on Gunsun Sorter Machine.
4. Disallowance of telephone expenses on an ad hoc basis.

Issue-wise Detailed Analysis:

1. Conditions Prescribed in Section 47(xiv):
The primary issue was whether the conditions under section 47(xiv) of the Income Tax Act, 1961 were met when the sole proprietorship was succeeded by a corporate entity. The Assessing Officer (AO) argued that not all assets and liabilities were transferred, specifically pointing out that some bank accounts were not closed or transferred. The CIT(A) found that the bank accounts were maintained for business convenience and all receipts were transferred to the acquiring company, making the company the beneficial owner of these accounts. The Tribunal upheld this view, noting that the agreement for assignment included the transfer of all bank balances and that the bank accounts were shown as assets in the company's balance sheet. Thus, the Tribunal concluded that the conditions under proviso A to section 47(xiv) were satisfied.

2. Eligibility for Exemption Under Section 47(xiv):
The AO also contended that the revaluation of intangible assets before the transfer led to the issuance of shares at a higher cost, potentially reducing future capital gains tax liability. However, the CIT(A) and the Tribunal found that the sole proprietor received no consideration other than shares, and the revaluation did not constitute a benefit received directly or indirectly. The Tribunal emphasized that the section only denies exemption if consideration other than shares is received, which was not the case here. The Tribunal upheld the CIT(A)'s decision that the assessee was eligible for the exemption and no capital gains were to be taxed.

3. Disallowance of Depreciation on Gunsun Sorter Machine:
The AO disallowed the depreciation claimed on the Gunsun Sorter Machine, arguing that the machine was not capable of being put to use within the assessment year. The CIT(A) upheld this view. However, the Tribunal examined the evidence, including invoices and expenses related to the installation and commissioning of the machine, and concluded that the machine was indeed put to use during the relevant period. Therefore, the Tribunal directed that the depreciation claimed by the assessee should be allowed.

4. Disallowance of Telephone Expenses:
The AO had disallowed 10% of the telephone expenses on an ad hoc basis, which the CIT(A) upheld. The Tribunal noted that this ground was not pressed by the assessee during the appeal, and therefore, it was dismissed as not pressed.

Conclusion:
The Tribunal dismissed the revenue's appeal and partly allowed the assessee's cross-objection, affirming the CIT(A)'s decisions on the satisfaction of conditions under section 47(xiv) and the eligibility for exemption, while also allowing the depreciation claim on the Gunsun Sorter Machine. The disallowance of telephone expenses was not contested and thus dismissed.

← Previous Next →