Facts of the Case
- The
assessee had reflected certain expenses as deferred revenue expenditure in
its books of account.
- In
the return of income, the assessee claimed the entire expenditure as
revenue expenditure deductible under the Income-tax Act.
- The
total expenditure claimed amounted to ₹31,54,846/-.
- The
Assessing Officer disallowed the claim.
- The
Commissioner of Income Tax (Appeals) confirmed the disallowance.
- On
further appeal, the Income Tax Appellate Tribunal allowed the deduction,
observing that the expenditure was allowable as per law irrespective of
its treatment in the books of account.
- The
Revenue challenged the Tribunal's order before the Delhi High Court.
Issues Involved
- Whether
expenditure shown as deferred revenue expenditure in the books of account
can nevertheless be claimed as revenue expenditure under the Income-tax
Act.
- Whether
expenditure incurred prior to commencement of business activities
qualifies as deductible revenue expenditure.
- Whether
the Tribunal was justified in allowing deduction of the expenditure
claimed by the assessee.
Petitioner’s Arguments
- The
Revenue contended that out of the total expenditure of ₹31,54,846/-, an
amount of ₹8,19,365/- had been incurred during the period from 01.04.2000
to 30.05.2000.
- It
was argued that the said expenditure was incurred before commencement of
any business activity.
- Therefore,
the amount represented pre-operative or pre-commencement expenditure and
was not allowable as revenue expenditure.
- The
Revenue sought interference with the order passed by the Tribunal.
Respondent’s Arguments
Although no one appeared on behalf of the assessee before the
High Court, the Tribunal had accepted the assessee’s position that:
- The
nature and allowability of expenditure must be determined according to the
provisions of the Income-tax Act.
- Mere
classification of expenditure as deferred revenue expenditure in the books
of account does not govern its deductibility for tax purposes.
- The
expenditure was allowable under law and therefore deductible.
Court Findings / Order
- The
High Court examined the order of the Tribunal and the submissions advanced
by the Revenue.
- The
Court found no reason to interfere with the Tribunal's decision insofar as
expenditure of ₹23,35,481/- incurred after 30.05.2000 was concerned.
- With
respect to the balance expenditure of ₹8,19,365/- relating to the
pre-commencement period, the Court observed that there was no discussion
on this aspect in the Tribunal’s order.
- Nevertheless,
the Court declined to interfere because the tax effect involved in
relation to the disputed amount was less than ₹4 lakhs.
- Accordingly,
the appeal was disposed of without disturbing the Tribunal’s order.
Important Clarification
- Accounting
treatment in the books of account is not decisive for determining
deductibility under the Income-tax Act.
- Expenditure
may still be allowable if it satisfies the conditions prescribed under tax
law, even though it is disclosed as deferred revenue expenditure in
financial statements.
- The
Court did not adjudicate in detail on the allowability of the
pre-commencement expenditure of ₹8,19,365/- because the tax effect
involved was below the monetary threshold warranting interference.
- The
Tribunal’s relief regarding expenditure incurred after commencement of
business activities remained undisturbed.
Sections Involved
- Section
37(1) of the Income-tax Act, 1961
- Principles
relating to deduction of revenue expenditure
- Treatment of pre-operative/pre-commencement expenditure under the Income-tax Act, 1961
Link to download the order -https://delhihighcourt.nic.in/app/case_number_pdf/2010:DHC:117-DB/BDA12012010ITA6132008.pdf
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