M/S HARYANA STATE CO-OPERATIVE APEX BANK LTD.,CHANDIGARH vs. DCIT, PANCHKULA
In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
On the issue of interest on the Agricultural Credit Stabilization Fund, the Tribunal noted that the CIT(A) had upheld the AO's addition, disagreeing with the assessee's reliance on a previous ITAT order. The CIT(A) observed that the interest added to the ACSF, which is part of reserves and surplus, was effectively an addition to the fund and not an actual payment. The Tribunal, in its consolidated order, dismissed this ground for AY 2010-11 and AY 2011-12. For AY 2012-13, this ground was also dismissed. Regarding the conveyance deed charges, the Tribunal found that the expenditure was incurred for obtaining a loan for the construction of flats, which provided an enduring benefit and added to the value and utility of the land. Therefore, the Tribunal held that the expenditure could not be considered revenue expenditure and upheld the CIT(A)'s order, deciding the issue against the assessee for AY 2010-11 and AY 2011-12. For AY 2012-13, this ground was also decided against the assessee.
What were the facts?
The assessee, Haryana State Co-operative Apex Bank Ltd., filed appeals against orders of the CIT(A) for Assessment Years 2010-11, 2011-12, 2008-09, 2009-10, and 2012-13. The appeals concerned additions made by the Assessing Officer (AO) and upheld by the CIT(A). Specifically, one issue involved the addition of Rs. 3,22,00,879/- for AY 2010-11 on account of interest on the Agricultural Credit Stabilization Fund (ACSF). The AO viewed this interest as an addition to reserves, not an expenditure. Another issue concerned the addition of Rs. 44,71,550/- for conveyance deed charges, which the AO considered capital expenditure. The assessee argued these charges were revenue in nature, necessary for obtaining loans to construct flats for employees.
What were the issues?
1. Whether the interest of Rs. 3,22,00,879/- credited to the Agricultural Credit Stabilization Fund (ACSF) constitutes an allowable expenditure, or if it is an appropriation of profit. The assessee contended that the interest, charged at 3% per annum as per government instructions, was an expenditure incurred irrespective of profitability, citing a previous ITAT decision in the case of M/s Haryana State Cooperative Agricultural and Rural Development Bank. The revenue, through the AO and CIT(A), argued that the interest was an addition to reserves and not an actual payment, thus not an expenditure. 2. Whether the conveyance deed charges of Rs. 44,71,550/- are revenue or capital expenditure. The assessee argued that these charges, including stamp duty, were incurred to create a mortgage on a plot for obtaining construction loans for employee flats and did not enhance the plot's value, making them revenue in nature. The revenue, through the AO and CIT(A), contended that expenditure related to the title of a capital asset (the plot) is capital in nature, citing the Supreme Court decision in V Jaganmohan Rao Vs. CIT.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DIVISION BENCH, ‘A’ CHANDIGARH
Before: SHRI SANJAY GARG & DR. B.R.R. KUMAR
per RBI guidelines in earlier years is more than the provision of
expenditure for which the assessee is entitled to make in the relevant
assessment year under consideration, then the assessee cannot claim
the benefit of perpetuity of the excess provision made. That at the
end of the year is required to be squared off and, hence, the excess
provisioning made by the assessee is required to be added to the
income of the assessee. However, the contention of the assessee that
while considering the provisions allowable to the assessee on the
allowable standard assets, the lower authorities have not considered
the figures of lost assets, we are of the view, that this requires to be
ITA Nos.1157 & 1158/Chd/2014 & 154 to 156/Chd/2016/Chd/2016- Haryana State Coop Apex Bank Ltd., Chandigarh 20 examined at the end of the Assessing officer. We, therefore, direct
the Assessing officer to consider the expenditure / provision for
expenditure / loss on the standard assets / sub-standard assets and
loss assets and then to decide, if any, disallowance is attracted for
excess provisioning in accordance with law. This ground of appeal is
treated as partly allowed.
Ground No.3 is general in nature and does not require any
adjudication.
In the result, the appeal of the assessee is treated as partly
allowed.
ITA No. 1158/Chd/2014 – (assessment year 2011-12)
The grounds taken by the assessee in this appeal are identical
to that have been taken by the assessee for assessment year 2010-11
in ITA No. 1157/Chd/2014.
In view of our findings given above, on similar lines, the
ground No.1 of the appeal is dismissed and ground No.2 is restored
to the file of the Assessing officer with identical directions.
This appeal of the assessee is also treated as partly allowed.
ITA No. 154/Chd/2016 (assessment year : 2008-09)
The appeal is barred by limitation of 21 days. The assessee
has moved an application dated 29.2.2016 for condonation of
delay, wherein, detailed reasons have been furnished.
ITA Nos.1157 & 1158/Chd/2014 & 154 to 156/Chd/2016/Chd/2016- Haryana State Coop Apex Bank Ltd., Chandigarh 21 21. In view of the reasons given in the application and also
considering the shortness of the period of delay, the delay of 21
days in filing the appeal is hereby condoned.
Ground No.1 is general in nature and does not require any
specific adjudication, hence, dismissed.
Vide ground No.2, the assessee has agitated the action of the
Ld. CIT(A) in upholding the disallowance of interest expenditure
on the Agricultural Credit Stabilization Fund, which is identical
to that of ground No.1 of the appeal for assessment year 2010-11
(ITA No. 1157/Chd/2014).
In view of our findings given above, this ground is
dismissed.
In the result, the appeal of the assessee is dismissed.
ITA No. 155/Chd/2016 (assessment year : 2009-10)
Ground No.1 is general in nature and does not require any
adjudication, hence, dismissed.
Vide ground No.2, the assessee has agitated the action of
CIT(A) in upholding of disallowance of conveyance deed charges of
Rs. 44,71,550/- holding the same as capital in nature.
The brief facts relating to the issue are that the Assessing
officer noted that the assessee had debited Rs. 1,55,35,789/- under
the head other expenditure which included a sum of Rs. 44,71,550/-
towards conveyance deed charges paid to Estate Officer, Panchkula
@ 8% of the cost of plot No. GH-92, Sector 20: Panchkula. The AO
ITA Nos.1157 & 1158/Chd/2014 & 154 to 156/Chd/2016/Chd/2016- Haryana State Coop Apex Bank Ltd., Chandigarh 22 asked that why the addition of Rs. 44,71,550/- on this ground should
not be made. The assessee replied that amount of Rs.44,71,550/- paid
for conveyance deed to HUDA is revenue in nature as it does not
result to any new capital asset. The AO found that the asset being
capital in nature and the said expenditure was incurred on the said
assets; therefore, the expenditure claimed was a capital
expenditure. Thus, the addition of Rs.44,71.550/- was made
to the total income.
Before the CIT(A), the counsel for the appellant submitted that
the said plot was purchased by the assessee from HUDA which was
allotted to the assessee for constructing the flats which were later
on allotted to the employees working with the assessee. The plot was
allotted by the way of allotment letter and based on the allotment
letter, the assessee could avail loan facility from any bank /
financial institutions. In order to mortgage the land with the bank /
financial institutions to avail loan for the purpose of constructing
flats on the said plot, it was necessary to execute the conveyance
deed which in no way lead to enhancing the value of the plots or any
addition thereto. It was the need of the time to create the mortgage
on the said plot by way of execution of the conveyance deed. For
executing the conveyance deed, the assessee incurred the stamp duty
to the extent of Rs.44,71,550/- which expenditure was revenue in
nature.
However, the Ld. CIT(A) disallowed the claim of the assessee
observing as under:-
ITA Nos.1157 & 1158/Chd/2014 & 154 to 156/Chd/2016/Chd/2016- Haryana State Coop Apex Bank Ltd., Chandigarh 23
“4.2 1 have gone through the facts of the case and written submissions filed by the appellant. It is noted that the appellant claimed expenditure of Rs. 44,71,550/- on account of conveyance deed charges in respect of a plot purchase from HUDA for construction of flats. The appellant's argument is that the expenditure did not create any new capital asset. However, the expenditure relates to plot of land which is a capital asset and the conveyance deed was made in order to create mortgage on the said plot. Therefore, the charges were related to the title of the land which was a capital asset and any expenditure related to title of capital asset was also in nature of capital expenditure. Here, the reliance is placed on the decision of Hon'ble Supreme Court in the case of V Jaganmohan Rao Vs. CIT 75 ITR 373 where the Hon'ble Apex Court held that where money is paid to perfect a title or as consideration for getting rid of a defect in the title or a threat of litigation, the payment would be capital payment and no revenue payment. Therefore, the Assessing officer was justified in holding the conveyance deed charges of Rs. 44,71,550/- as capital expenditure. Thus, this ground of appeal is dismissed.”
We have considered the rival submissions. Admittedly, the
contention of the assessee is that the conveyance deed charges were
incurred for getting loan for construction of flats on the land. That
conveyance deed charges did not in any manner lead to enhancing
the value of the plot or any addition thereto. That the said flats
were used for the employees of the assessee. No doubt, the
conveyance deed / mortgage deed of the land was made by the
assessee for taking loan for construction of flats. The said
ITA Nos.1157 & 1158/Chd/2014 & 154 to 156/Chd/2016/Chd/2016- Haryana State Coop Apex Bank Ltd., Chandigarh 24 expenditure incurred by the assessee can be safely considered
towards the construction of flats. No doubt, the said flats are
constructed for the employees of the assessee but that, in our view,
is a capital expenditure having enduring benefit. The construction
of flat over the land has added to the value and utility of the land,
hence, the expenditure incurred by the assessee on the stamp duty
for mortgage of the land cannot be said to be Revenue expenditure.
In view of this, we do not find any infirmity in the order of the
CIT(A) on this issue and the issue is decided against the assessee.
Ground No.3 taken by the assessee is regarding the
disallowance of interest credited to the expenditure on the
Agricultural Credit Stabilization Fund, which is identical to that
of ground No.1 of the appeal for assessment year 2010-11 (ITA
No. 1157/Chd/2014). In view of our findings given above, this
issue is accordingly decided against the assessee.
In the result the appeal of the assessee is dismissed.
ITA No. 156/Chd/2016 (assessment year : 2012-13)
We find that both the grounds taken by the assessee in this
appeal are identical to that have been taken by the assessee for
assessment year 2010-11 in ITA No. 1157/Chd/2014.
In view of our findings given above, on similar lines, the
ground No.1 of the appeal is dismissed and ground No.2 is restored
to the file of the Assessing officer with identical directions.
This appeal of the assessee is also treated as partly allowed
ITA Nos.1157 & 1158/Chd/2014 & 154 to 156/Chd/2016/Chd/2016- Haryana State Coop Apex Bank Ltd., Chandigarh 25 Order pronounced in the Open Court on 05.06.2018.
Sd/- Sd/- (B.R.R.KUMAR) (SANJAY GARG) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated : 05.06.2018 Rkk Copy to: • The Appellant • The Respondent • The CIT • The CIT(A) • The DR
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