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Ajay Metachem Pvt. Ltd.,, Pune vs Department Of Income Tax

Income Tax Appellate Tribunal18 February 2015

Ratio decidendi

The rule this decision rests on

The Tribunal's reasoning rests on two grounds, one for each appeal. Where the same assessee has raised an identical issue in earlier assessment years and the Tribunal has decided it against the assessee in those years, that decision is binding in a later year on the same issue, and the appellate authority's order following it is affirmed. Where a Special Bench of the Tribunal has decided a question of law, the decision is binding on a Tribunal bench, and once that decision has been affirmed by the jurisdictional High Court, the lower appellate authority's conclusion following it is to be upheld, absent any ground to interfere.

Written by Miss Lucy from the judgment below, not taken from a headnote.

Judgment

As delivered

IN THE INCOME TAX APPELLATE TRIBUNALPUNE BENCH "A", PUNEBefore Shri G.S. Pannu, Accountant Memberand Shri R.S. Padvekar, Judicial Member.ITA.No.520/PN/2013(Asstt. Year : 2007-08)ASK Chemicals Foundry SolutionIndia Private Limited (Formerly knownas Ajay Metachem Private Limited),72-76, Near Bharat Forge, Mundhwa,Pune-411036PAN No.AACCA0713D .. AppellantVs.

ACIT, Range-1, Pune. .. Respondent

ITA.No.775/PN/2013 (Asstt. Year : 2007-08)

Dy.CIT, Circle-1(1), Pune .. Appellant

Vs. ASK Chemicals foundry Solution India Private Limited (Formerly known As Ajay Metachem Private Limited), 72-76, Near Bharat Forge, Mundhwa, Pune-411036 PAN No.AACCA0713D .. Respondent

Assessee by : Shri Kishor Phadke Respondent by : Shri P.S. Naik Date of Hearing : 09-02-2015 Date of Pronouncement : 18-02-2015

ORDER

PER G.S. PANNU, AM:

The captioned appeals are cross appeals preferred by the assessee

and the Revenue for A.Y. 2007-08. These appeals were heard together and

are being disposed-off by way of a consolidated order for the sake of

convenience and brevity. The captioned cross appeals are directed against

the order of the Commissioner of Income Tax (Appeals)-I, Pune dated 08- 2

01-2013 which, in turn, has arisen from an order dated 30-12-2009 passed

by the Assessing Officer of the Income Tax Act, 1961 ('in short "the Act").

2. In the appeal of the assessee, the solitary issue relates to addition of

Rs.34,50,000/- on account of expenses incurred for availing sales tax

deferral benefit by the assessee.

3. At the time of hearing, the Learned Representative submitted that

similar dispute came up for the earlier A.Yrs 2005-06 and 2006-07. The

assessee had claimed deduction of such expenses as a revenue expenditure

in a single year. Whereas the stand of the Department was that the same

are to be allowed in different years spread out for the period of the scheme.

In this connection, it was pointed out that for A.Yrs. 2005-06 and 2006-07

the appeal of the assessee travelled to the Tribunal which has since been

dismissed vide order in ITA Nos. 313 & 314/PN/2012 order dated 20-06-

2013. In view of the precedent in assessee's own case for A.Yrs. 2005-06

and 2006-07 (Supra), the impugned order of the CIT(A) is hereby affirmed.

Thus, on this aspect assessee fails.

4. In the appeal of the Revenue, the solitary issue is with regard to the

taxability of the surplus in the hands of the assessee on account of pre-

payment on Net Present Value (NPV) of the sales tax deferral loan. The

assessee was entitled to certain incentives under the Package Scheme of

Incentives provided by Maharashtra Government. In terms of the said

scheme, it repaid the unsecured loan availed from the Sales Tax

Department on the basis of the net present value of the loan. As a

consequent of the availment of such facility, the loan of Rs.1,84,00,000/-

was repaid at Rs.56,79,400/- and the balance of Rs.1,27,20,600/- was 3

treated by the assessee as a Capital receipt not chargeable to tax. The

Assessing Officer, however, treated the surplus of Rs.1,27,20,600/- as a

revenue receipt chargeable to tax. The CIT(A) has deleted the addition

following the decision of the Special Bench of the Tribunal in the case of

Sulzer India Ltd. Vs. JCIT reported in 138 ITD 137 (Mum) (SB).

Accordingly, Revenue is in appeal before us.

5. At the time of hearing, it was a common point between the parties

that the decision of the Special Bench of the Tribunal in the case of Sulzer

India Ltd. (Supra) which has been relied upon by the CIT(A) has since

been affirmed by the Hon'ble Bombay High Court vide its judgment in CIT

Vs. Sulzer India Ltd. dated 05-12-2014. In view of the aforesaid, we find

no reason to interfere with the conclusion drawn by the CIT(A) which is

hereby affirmed.

6. In the result, appeals of the assessee as well as that of the Revenue

are dismissed.

th Order pronounced on 18 February, 2015.

Sd/- Sd/- ( R.S.PADVEKAR ) ( G.S.PANNU ) JUDICIAL MEMBER ACCOUNTANT MEMBER satish/sujeet Pune, dated 18th February, 2015

Copy of the order is forwarded to:

1. The Assessee 2. The Department 3. The CIT(A)-I, Pune. 4. The CIT-I, Pune. 5. The DR "A" Bench, Pune. 6. Guard File By Order

//True Copy// Assistant Registrar, Income Tax Appellate Tribunal, Pune

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