No AI summary yet for this case.
Income Tax Appellate Tribunal, HYDERABAD BENCHES “A” SMC BENCH: HYDERABAD
Before: B. RAMAKOTAIAH
IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES “A” SMC BENCH: HYDERABAD BEFORE B. RAMAKOTAIAH, ACCOUNTANT MEMBER ITA. No.1005/Hyd/2017 (Assessment Year: 2011-2012) ITA No.1829/Hyd/2017 (Assessment Year: 2013-2013) Baba Puranmal Chit Fund vs. Income Tax Officer, Private Limited, Ward 1(3), AC Guards, Hyderabad. Aayakar Bhavan, Hyderabad. PAN: AADCB 7795 H (Appellant) (Respondent) For Assessee: Shri Arun Kumar Sharma For Revenue : Smt. B.K. Vishnu Priya, DR Date of Hearing : 12.07.2018 Date of Pronouncement : 27.07.2018 ORDER PER B. RAMAKOTAIAH, AM.
These two are assessee’s appeals against the orders of CIT (A)-1, Hyderabad in respect of Assessment Years 2012-13 and 2013-14. Since the common issue is involved in both the appeals, heard together and disposed of by this common order.
Briefly stated facts of the case are the assessee is in the business of Chit Funds. In the course of assessment proceedings, A.O. noticed that the assessee has incurred an amount of Rs. 4,80,800/- towards ‘business promotion expenditure’ in A.Y. 2012-13 and an amount of Rs. 7,10,500/- in A.Y. 2013-14. When enquired about the said expenditure claimed under business promotions expenditure, it was the submission of the assessee that in the A.Y. 2012-13 it has organised a business meet of its customers in hotel M/s. Green Park (Marigold) and in A.Y. 2013-14 it has organised another meet in M/s. Novatel Hyderabad
2 Convention Centre and the expenditure was only for the purpose of business activity. A.O. was of the opinion that assessee has already claimed huge expenditure under various heads and also failed to prove that expenditure is incidental and wholly and exclusively for the purpose of business. Accordingly, he disallowed the amounts. One more issue in A.Y. 2012-13 is with reference to bringing in to tax interest amount of Rs. 5,66,473/-.
Learned CIT (A) confirmed both the additions inspite of giving necessary evidence and hence the present appeals.
Business Promotion Expenditure
It was the submission of the Learned Counsel that assessee has indeed conducted customers meet and the expenditure was incurred at M/s. Green Park Hotels & Resorts Ltd., Begumpet in the year 2012-13, the evidence of which was not only furnished to the Assessing Officer but also to the Ld. CIT(A). He referred to the submissions made before the CIT(A). In A.Y. 2013-14, it was a bigger meet and the assessee has organised customer’s meet in M/s. Novatel Hyderabad Convention Centre, the evidence of which was also furnished to both the Authorities.
Learned Departmental Representative relied on the orders of the A.O. and the CIT (A).
I have considered the rival contentions and perused the evidence placed on record. Assessee is engaged in the business of Chit Funds and had to necessarily organise customer’s meet. The two occasions on
3 which expenditure was claimed are the annual meetings. Even otherwise, assessee being a company, the expenditure on an annual meet is ‘revenue expenditure’. I am unable to understand the logic of the A.O. and the CIT (A) to state that expenditure is not for the purpose of business. There is no dispute with reference to assessee’s business, being organiser of Chit Funds, and even though it is a Private Limited company, there is no evidence on record brought by the A.O. that the expenditure is personal expenditure of the Directors. No such allegation was also made in the assessment order. Therefore, I am of the opinion that the expenditure was allowable as business expenditure. A.O. is directed to allow the same. The relevant Grounds in both the assessment years are accordingly considered allowed.
Interest income brought to tax 7. In A.Y. 2012-13, the Assessing Officer stated to have reconciled the deposits in the banks and noted that the deposits were to the tune of Rs. 70 Lakhs as Fixed Deposits (FD) and in the balance sheet an amount of Rs. 5,66,473/- was ‘interest accrued’ on the FDs. On the reason that the FD income has not been offered, A.O. brought the amount to tax and made addition of Rs. 5,66,473/- despite assessee contentions.
Before the Ld. CIT(A), assessee not only gave the details of deposits with dates but also stated that an amount of Rs. 4 lakhs was ‘accrued interest’ in earlier years which was not received and shown as such in the balance sheet and the balance has been accrued during the year which was offered to tax but has not been received. The assessee also furnished reconciliation before the CIT(A). However, the Ld. CIT(A) without noticing the dates of deposits has calculated the interest on the FDs for whole the year and arrived at the interest to be offered at an
4 amount of Rs. 6,94,000/- and directed the A.O. to examine the amount. Aggrieved, assessee has preferred the present appeal.
After considering the rival contentions, I am satisfied that assessee has offered interest. As seen from the order of the A.O., the ‘accrued interest’ reflected in the balance sheet has been brought to tax without understanding that an amount of Rs. 4 lakhs as accrued interest in the balance sheet which was not received but offered to tax in earlier years. The Accounting Principles are not understood by the Assessing Officer, before considering the accrued interest shown in balance sheet to tax separately. If the amount has accrued but not received, it will be shown separately in the balance sheet, as accrued interest after crediting the same in P&L account. This year also whatever interest has accrued (but not received) has been offered to tax in the P & L Account and in the computation also, therefore the action of the A.O. cannot be justified. It is also to be noted that the Ld. CIT(A) calculated the interest for the whole period. In para 6.3, the period of deposits were clearly stated. Without considering the period of deposits, calculation of interest for whole year certainly results in mis-match of the amounts. As I am satisfied that the reconciliation furnished by the assessee before the Authorities is correct, I direct the A.O. to delete the addition forthwith. The grounds are allowed.
In the result, both the appeals are allowed. Order pronounced in the open court on 27th July, 2018.
Sd/- (B. RAMAKOTAIAH) ACCOUNTANT MEMBER Hyderabad, Dated: 27th July, 2018.
OKK, Sr.PS Copy to 1. Baba Puranmal Chit Fund Private Limited, H.No.4-1-1970, Upasana, 406 & 407, Ahuja Estate, Opp. Palace Height Hotel, Abids, Hyderabad. 2. Income Tax Officer, Ward 1(3), AC Guards, Aayakar Bhavan, Hyderabad. 3. Commissioner of Income Tax (Appeals)-1, Hyderabad. 4. Principal Commissioner of Income Tax-1, Hyderabad. 5. DR, ITAT, Hyderabad. 6. Guard File