WHITEN COLOUR INDUSTRIES P.LTD,MUMBAI vs. ITO 8(3)(4), MUMBAI

During the assessment proceedings, the AR was asked to explain as to why Directors' remuneration and other expenses claimed should not be disallowed since no business activities have actually been carried out by the assessee during the year under consideration.

The assessee vide its reply in No. KJD/146/2015, dated 11.03.2015 has replied as under: "The assessee invested surplus fund in the fixed deposit of bank in the name of company is not for interest income ivhich con be taxed under the head Income from Other Sources, but ot minimize the loss which is likely to be piled up towards establishment expenses and ultimately closing down of tt-e business activity. In order to meet business expenses such option to transfer money from current account to fixed deposit account and to raise additional fund to meet business expenses is in accountancy and in commercial sense purely of a business nature. Hence intention is very clear to continue that investment till the business activity is revived and company had following options at the time of investments: A) To advance to third parties for business interest; B) To advance to directors themselves which would be liable for tax u/s. 2(22)(e); C) To incur expenses to lease out or transfer manufacturing license and D) To liquidate the company under Companies Act. All these above possibilities were taken into consideration before parking the amount in fixed deposit in bank as leasing of manufacturing license were under active consideration of all directors till it is materialize and negotiated and finalize.

Not convinced with the assessee’s reply, the expenses claimed was restricted to Rs.25,303/- and the balance amount which comes to M/s. Whiten Colour Industries Pvt. Ltd., Rs.14,18,954/- (Rs.14,44,257/-(-) Rs. 25,303/-) was disallowed and added to the income of the assessee.

By the impugned order, CIT(A) confirmed the action of the AO. 8. It was argued by learned AR that a business may be inactive for a certain period and merely because of the dormancy of the business the conclusion that it has ceased to run the company business activity does not arise as it was continuation of all activity at full fledged level to revive and restore again the business there was no purchase and sale but certainly maintenance and all activities in the establishment which was carried out from registered office that is from residence and company was going concern and it was Managing Director wish to uplift all activities and with the support of staff and assessing officer has no doubt of genuine of activity but went on disallowance the establishment expenses although assessing officer agreed that in order to continued business and legal entity the company are required to incur expenses whether the effect purchase or sale or whether the profit and loss It is only a complete discontinuance of the business that will put an end to its existence. Thus disallowance made by assessing officer and CIT appeal in his opinion allowed Rs.1,66,180/- for professional fees for legal matters which are incurred for running and statutory requirements. Therefore the professional fee were also allowed. 9. I have considered rival contentions and carefully gone through the orders of the authorities below and found that except Director’s remuneration, all the expenditure so incurred by the assessee was for the M/s. Whiten Colour Industries Pvt. Ltd., purpose of business and as a minimum substance, these expenditure were required to be incurred for keeping assessee-company alive. There was temporary lull in the business during the year under consideration. I, therefore, direct the Assessing Officer to allow all expenses, except Director’s remuneration of `6,20,000/-.