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Income Tax Appellate Tribunal, VISAKHAPATNAM BENCH, VISAKHAPATNAM
Before: SHRI N.K.CHOUDHRY, HON’BLE & SHRI D.S. SUNDER SINGH, HON’BLE
Per Shri D.S.Sunder Singh, Accountant Member This appeal is filed by the revenue against the order of the Commissioner of Income Tax (Appeals) [CIT(A)]-1, Guntur in Appeal
2 ITA No.451/Viz/2019 and CO 145/Viz/2019, A.Y.2016-17 M/s Kallam Textiles Ltd., Guntur
No.10200/2018-19 dated 04.04.2019 for the Assessment Year (A.Y.) 2016- 17 .
Ground No.1 and 7 are general in nature which does not require specific adjudication.
Ground No.2 and 3 are related to the addition made by the Assessing Officer (AO) amounting to Rs.4,97,94,565/- in respect of construction of staff quarters. During the assessment proceedings, the AO found that the assessee made additions to staff quarters to the extent of Rs.12,49,67,676/- during the F.Y.2015-16 relevant to the A.Y.2016-17. The aggregate value of additions made upto the year end was found to be Rs.22.66 crores, on which the assessee claimed depreciation @5%. Since the AO suspected the genuineness of the construction of the quarters, he made visit to M/s Kallam Spinning Mills, Chowdavaram along with inspectors and found that no quarters were constructed during the financial year, relevant to the A.Y.2016-17 and all the quarters existing in the site are old quarters. Therefore, the AO called for some information with regard to approvals given by Panchayat or Municipality in connection with the construction of staff quarters. In response to the notice issued by the AO, the assessee submitted that the assessee is also having dying unit at Kunkupadu village
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in Addanki Mandal of Prakasam district and furnished the electricity service connection numbers allotted to each dwelling unit and submitted that all the dwelling units of staff quarters were constructed at Kunkupadu village, but not at Chowdavaram. The AO found that as against 151 quarters constructed by the assessee in the immediately preceding assessment year, new electricity connections were given in the impugned year was 152 as per the details given under : A.Y. Value pertaining to additions No. of electricity made during the year for connections for which which depreciation @5% is supply as initiated in the claimed under buildings year 2016-17 12,49,67,676 152 2015-16 6,83,39,192 151
The AO found that for the A.Y.2015-16, the assessee had constructed 151 dwelling units with the cost of Rs.6,83,39,192/- and hence viewed that the cost of construction of 152 dwelling units at a cost of Rs.12,49,67,676/- appears to be unreasonably high, therefore, after taking the cost inflation of 10%, the AO estimated the cost of construction of 152 quarters constructed in the year 2016-17 at Rs.7,51,73,111/- and the balance amount of Rs.4,97,94,565/- (12,49,67,676 – 7,51,73,111) was disallowed and added back to the income.
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Against by the order of the AO the assessee went on appeal before the CIT(A) and the Ld.CIT(A) found that the AO has not disputed the loans obtained by the assessee from the financial institutions for the purpose of construction of staff quarters. Addition u/s 69C is permissible, where the assessee incurred expenditure and fails to explain the source of such expenditure. In the present case, the assessee had explained the source of expenditure, hence, there is no case for making the addition u/s 69C of the Act, accordingly, deleted the addition.
Against which the department is in appeal before this Tribunal. During the appeal hearing, the Ld.DR supported the order of the AO and argued that AO has made the addition after making the field enquiries and made detailed analysis of the cost of construction incurred for construction of staff quarters. Therefore, argued that there is a strong case for addition, hence, requested to set aside the order of the Ld.CIT(A) and allow the appeal of the revenue.
On the other hand, the Ld.AR taken our attention to page No.5 of the paper book and explained that the additions during the year under consideration for residential buildings was shown at Rs.12,49,67,676/-. The Ld.AR also taken our attention to page No.150 of the paper book
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wherein the details were given for capitalization of assets for the F.Y.2015- 16 and out of the various assets cost of staff quarters were shown at Rs.7,95,60,000/- and the remaining sums were related to underground water, storage facility, hostel for bachelor girls , Vinayaka temple, car parking/scooter/cycle parking in weaving, car parking /scooter/cycle parking in spinning, Ashphalt (Tar) roads in weaving,. Compound wall in weaving, internal cement road ins pinning, RCC underground storage tank etc.. The Ld.AR submitted that the Ld.AO visited the spinning unit at Chowdavaram, whereas, the staff quarters were constructed at Kunkupadu village and the sum of Rs.12.50 crores does not represent cost of construction of staff quarters alone, but it includes other amenities provided by the assessee in the factory premises. Therefore, argued that the entire cost of construction of staff quarters along with other infrastructure provided by the assessee was Rs.12.50 crores which was constructed with the financial assistance of banks. Therefore, submitted that the assessee has correctly reported the capital expenditure under staff quarters and there is no case for making addition u/s 69C as rightly observed by the Ld.CIT(A). Even otherwise, the AO has visited the unit at Chowdavaram and he has not disputed the fact that the assessee has constructed 152 units during the year under consideration at Kunkupadu
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village. Against 151 units constructed in the immediately preceding financial year, the AO estimated the cost of construction of 152 units at Rs.7.5 crores with cost inflation @10%, whereas as per the information placed by the assessee in the paper book, the cost of construction of staff quarters was around Rs.7,95,60,000/- which appears to be reasonable @Rs.900/- per sq.ft and comparable with the estimation of AO. Remaining Rs.4.5 crores was related to the other amenities provided by the assessee as per the details furnished in page No.150 of the paper book discussed earlier in this order. Thus the Ld.AR argued that though not conceding, even if the argument of the AO is accepted, cost of construction of staff quarters including the amenities provided by the assessee in the staff quarters worked out to Rs.12.50 crores and the AO misguided himself, hence argued that the Ld.CIT(A) rightly deleted the addition and no interference is called for in the order of the Ld.CIT(A).
We have heard both the parties and perused the material placed on record. There is no dispute that the AO along with inspectors have visited the weaving unit at Chowdavaram, whereas staff quarters are constructed at dying unit at Kunkupadu village. As per the information placed before us in the paper book, the cost of staff quarters was Rs.7,95,60,000/- and the cost of other amenities, such as underground water, storage facility, hostel
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for bachelor girls , Vinayaka temple, car parking/scooter/cycle parking in weaving, car parking /scooter/cycle parking in spinning, Ashphalt (Tar) roads in weaving,. Compound wall in weaving, internal cement road ins pinning, RCC underground storage tank etc.. worked out to Rs.4.55 crores as per the details furnished in page No.150 of the paper book. The said details are also stated to be placed before the lower authorities. Therefore, it is evident from the information placed by the assessee before us that the staff quarters including amenities constructed was Rs.12.50 crores. The AO himself has accepted that cost of staff quarters in 152 Nos. was estimated to be at Rs.7.5 crores against the actual expenditure of Rs.7.96 crores. The AO did not consider other infrastructure facilities and amenities provided by the assessee while working out the capital expenditure for construction of staff quarters on which the depreciation is claimed. The department during the appeal hearing did not bring any material to controvert the submission made by the assessee and the assessee has demonstrated that the expenditure incurred for construction of staff quarters and other amenities was Rs.12.5 crores. It is also fact that the assessee has taken financial assistance from the banks / financial institutions for construction of staff quarters. Thus, the assessee has explained the source for construction as well as demonstrated the cost of construction. Hence, we
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find no reason to interfere with the order of the Ld.CIT(A) and the same is upheld. The appeal of revenue on this ground is dismissed.
Ground No.4 is related to the disallowance of depreciation on Rs.4,97,94,565/- which was disallowed by the AO in respect of the expenditure incurred in construction of staff quarters. The AO disallowed the depreciation relating to the construction of staff quarters in respect of additions made. The AO viewed that since, the assessee has inflated the cost of construction and made the addition u/s 69C to the extent of Rs.4,97,94,565/- and held that the assessee is not eligible for depreciation and accordingly, disallowed the depreciation.
Against the order of the AO, the assessee went on appeal before the CIT(A) and the Ld.CIT(A) confirmed the addition of depreciation of Rs.55,000/- on construction of Vinayaka temple and deleted the remaining addition of Rs.12,44,864/-.
Against which the department is in appeal before this Tribunal.
We have heard both the parties and perused the material placed on record. In this regard, the CIT(A) has examined the issue in detail and held that the assessee has correctly claimed the depreciation on staff quarters.
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We have decided in this order that the addition made by the AO is unwarranted and accordingly upheld the order of the Ld.CIT(A). Having decided the issue in favour of the assessee with regard to the cost of construction of staff quarters, we, hold that the assessee is eligible for Depreciation on Staff quarters of Rs.12.50 crores. On going through the depreciation statement furnished in paper book page No.5, it is seen that the assessee has claimed the depreciation @2.5% in respect of additions made during the year under consideration. Therefore there is no error in the order of the Ld.CIT(A) and the same is upheld. Appeal of the revenue on ground No.4 and 5 are dismissed.
Ground No.6 is related to the addition of Rs.30,95,991/- relating to staff quarters maintenance. The AO found that the assessee has debited the expenditure of Rs.40,17,842/- under staff quarters maintenance and on perusal of the information, it was found by the AO that in the immediately preceding assessment year, the expenditure was Rs.6,82,736/-, therefore, viewed that the assessee has claimed the excess expenditure and accordingly allowed the proportionate expenses of Rs.9,21,851/- on the basis of electricity service connections and disallowed the balance amount of Rs.30,95,991/-.
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Against the order of the AO, the assessee went on appeal before the CIT(A) and the Ld.CIT(A) deleted the addition holding that the AO made estimated disallowance without any basis, simply comparing the expenditure of earlier years which is unsustainable and accordingly deleted the addition.
Against which, the department is in appeal before us. During the appeal hearing, the Ld.DR supported the order of the AO, and the Ld.AR relied on the order of the Ld.CIT(A).
We have heard both the parties and perused the material placed on record. In the instant case the assessee has debited the staff quarters maintenance of Rs.40.17 lakhs. The assessee was maintaining regular books of accounts which were duly audited by the qualified chartered accountant. During the assessment proceedings, the AO called for various details, which was furnished by the assessee and verified by the AO. No defects were noticed in respect of the various claims from the information placed by the assessee before the AO. The AO simply compared the electricity connections and disallowed the expenses on the basis of number of connections increased during the year, without looking into the details of various heads of expenditure in maintenance of staff quarters such as 11 ITA No.451/Viz/2019 and CO 145/Viz/2019, A.Y.2016-17 M/s Kallam Textiles Ltd., Guntur
cleaning, drainage, maintenance of roads etc. Making the disallowance without any basis and material is incorrect, therefore, we uphold the order of the Ld.CIT(A) and dismiss the appeal of the revenue. In the result appeal of the revenue on this ground is dismissed.
The assessee filed cross objections with delay of 32 days and no condonation petition was filed. Therefore, the cross objections filed by the assessee are dismissed inlimine.
In the result, appeal of the revenue as well as the cross objections of the assessee are dismissed. Order pronounced in the open court on 24th September, 2021. (एन के चौिरी) (धड.एस .सुन्दर धसंह) (N.K.CHOUDHRY) (D.S.SUNDER SINGH) न्याधयकसदस्य/ JUDICIAL MEMBER लेखासदस्य/ACCOUNTANT MEMBER Dated : 24.09.2021 L.Rama, SPS
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आदेश की प्रतितिति अग्रेतषि/Copy of the order forwarded to:- 1. राजस्व/The Revenue –Dy.Commissioner of Income Tax, Circle-1(1), Guntur 2. तिर्ााररिी/ The Assessee -M/s Kallam Textiles Ltd., NH-5, Chowdavaram Prathipadu Mandal, Guntur Dist.
The Pr.Commissioner of Income Tax, Guntur
The Commissioner of Income Tax (Appeals)-1, Guntur 5. तवभागीयप्रतितितर्, आयकरअिीिीयअतर्करण, तवशाखािटणम/DR, ITAT, Visakhapatnam 6.गार्ाफ़ाईि / Guard file आदेशािुसार / BY ORDER ////
Sr. Private Secretary ITAT, Visakhapatnam