AKSHAYA P LTD.,CHENNAI vs. DCIT CORPORATE CIRCLE 1(1), CHENNAI

आदेश / O R D E R

PER INTURI RAMA RAO, ACCOUNTANT MEMBER

ITA No. 1358/2018 :- 2 -:

The Assessee raised the following grounds of appeal: 2.

‘’1. The order of The Commissioner of Income Tax (Appeals) - 1, Chennai dated 14.02.2018 in l.T.A.No.80/CIT(A)-1f2016-17 for the above mentioned Assessment Year is contrary to law, facts, and in the circumstances of the case.

3. The CIT (Appeals) failed to appreciate that having not disputed the fact of the live nexus between the incurring of expenses and the business pursued by the Appellant, the sustenance of the disallowance of such expenses on the misconstruction of section 37(1) of the Act was wholly unjustified, thereby vitiating the findings in para 8 of the impugned order.

ITA No. 1358/2018 :- 3 -:

9. The Appellant craves leave to file additional grounds/arguments at the time of hearing’’.

The appellant namely M/s. Akshaya Private Limited, is a company incorporated under the provisions of the Companies Act, 1956. It is engaged in the business of real estate and flat promoters.

The return of income for the AY 2013-14 was filed on 04.10.2013 disclosing total income of Rs. 8,21,33,460/-. Against the said return of income, the assessment was completed by the Deputy Commissioner of Income Tax, Corporate Circle 1(1) Chennai (hereinafter called “AO”) vide order dated 31.03.2016 passed u/s. 143(3) of the Income Tax Act, 1961 (in short ‘the Act’) at total income of Rs. 8,77,52,992/-.

While doing so, the AO made several disallowances i.e Rs.12,31,518/- on account of belated remittance of employees contribution to PF/ESI, disallowance of club expenditure of Rs.62,779/-, allowed depreciation

ITA No. 1358/2018 :- 4 -: on office equipments at 10% against the claim of 15%, disallowed interest expenditure of Rs.20,02,096/- u/s.36 (i) (iii) of the Act by holding that assessee company had diverted interest bearing funds to its sister concern namely M/s. Akshaya Signature Homes and also disallowed Rs.7,25,272/- on account of purchase of foreign currency u/s.37(1) of the Act.

.Being aggrieved, an appeal was preferred before the 4.

Ld.CIT(A) who vide impugned order deleted the addition made on account of belated remittances of employees contribution to PF/ESI following the decision of Jurisdictional High Court in the case of CIT vs Industrial Security and Intelligence India (P) Ltd, TCS No.585 & 586 of 2015, dated 24.07.2015). As regards to the club expenditure of Rs.62,779/- , ld .CIT(A) confirmed the addition as assessee could not support the claim that the amount was incurred on account of services and facilities and not on account of membership. The ld. CIT(A) confirmed the addition in respect of depreciation on furniture and fittings. However the ld. Commissioner of Income Tax (Appeals) had deleted the addition u/s.36(i)(iii) of the Act and granted relief on addition of interest expenditure of Rs.20,02,096/- accepting the submission of the assessee that no interest being funds were diverted to the sister concern. As regards to the foreign travel expenditure,

ITA No. 1358/2018 :- 5 -: the ld Commissioner of Income Tax (Appeals) while confirming the action of the Assessing Officer disallowing a sum of Rs.6,34,640/- had enhanced the addition by Rs.2,04,707/- as assessee failed to produce evidence in support of the foreign travel expenses of Rs.9,92,758/-.

5. Being aggrieved, the appellant is in appeal before us in the present appeal. The grounds of appeal No.1, 8 & 9 are general in nature therefore, does not require any adjudication.

Ground Nos.2 & 3 challenges the decision of the ld 6.

Commissioner of Income Tax (Appeals) confirming the club expenditure of Rs62,779/-. From the perusal of paras 7 and 8 of the order of the ld Commissioner of Income Tax (Appeals), it is clear that disallowance was confirmed by the ld. Commissioner of Income Tax (Appeals) on account of failure of the assessee to substantiate that the expenditure was incurred towards utilizing the facilities and services. Even before us, nothing was brought on record controverting the findings of the ld Commissioner of Income Tax (Appeals).

Accordingly, we confirm the decision of the ld. Commissioner of Income Tax (Appeals) and dismiss the grounds of appeal 2 & 3 filed by the assessee.

ITA No. 1358/2018 :- 6 -:

Vide ground Nos.4 & 5, assessee challenges the decision of 7. the ld. Commissioner of Income Tax (Appeals) confirming the allowance of depreciation on 10% on furniture and fittings on office equipment, as against claim of the assessee that it is 15%. The ld Commissioner of Income Tax (Appeals) has confirmed the addition by holding that the items like refrigerator, DVD player, kitchen appliances such as mixer, grinder, coffee/ tea vending machine, camera, mobile phone, camera etc falls within the definition of furniture and fixture including electrical fittings. Taking note 5 of the New Appendix 1 to the depreciation schedule, we are of the considered opinion that items like UPS, fire alarm system, CCTV etc does not form part of electrical fittings but they fall under the category of Plant and Machinery.

Therefore, we direct the Assessing Officer to allow depreciation @15% as applicable to Plant and Machinery. Accordingly, grounds of appeal No. 4 & 5 of the assessee stand allowed.

Vide grounds 6 & 7, assessee challenges the decision of the 8. ld . Commissioner of Income Tax (Appeals) enhancing the foreign travel expenditure without giving an opportunity. From the perusal of para 18 of the impugned order, it is clear that there is nothing on record to show that an opportunity was given to the assessee while enhancing the addition on account of foreign travel expenditure. In order to meet the ends of justice, we remand this issue back to the ITA No. 1358/2018 :- 7 -: file of the Commissioner of Income Tax (Appeals) to give an opportunity to explain the discrepancies in the evidence filed before him. Accordingly, grounds of appeal No. 6 & 7 of the assessee are partly allowed for statistical purpose.

Order pronounced on 11th day of October, 2019, at Chennai.