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Wild India Resorts Kanha Pvt. Ltd., New ... vs Department Of Income Tax

Income Tax Appellate Tribunal6 May 2015

Ratio decidendi

The rule this decision rests on

Under the mercantile system of accounting, income is recognised when it accrues, not when an advance is received; accordingly, an advance from customers received in a year is to be treated as income of that year unless it is shown to relate to services rendered or to be rendered in that year, and the assessee must establish the correlation between the advance and the stay of guests in the period relevant to the claimed deferment. Expenses incurred by a head office are deductible as business expenditure even where no business activity is carried on from that office, provided the assessee shows they relate to the business; the Assessing Officer cannot disallow such expenses merely because no business activity was carried out at the office from which they were incurred.

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

Judgment

As delivered

IN THE INCOME TAX APPELLATE TRIBUNALDELHI BENCHES : H : NEW DELHIBEFORE SHRI R.S. SYAL, AM AND SHRI H.S. SIDHU, JMITA No.2570/Del/2012Assessment Year : 2008-09

ITO, Vs. Wild India Resorts Kanha Pvt. Ltd., Ward 18(3), 39, Shahpur Jat, CR Building, New Delhi. New Delhi. PAN: AAACW5735F

(Appellant) (Respondent)

Assessee By : Shri Mahesh Sahai, FCA Department By : Shri J.P. Chandrakar, Sr. DR

Date of Hearing : 05.05.2015 Date of Pronouncement : 06.05.2015

ORDER PER R.S. SYAL, AM:

This appeal by the Revenue is directed against the order passed by

the CIT(A) on 15.3.2012 in relation to the assessment year 2008-09. ITA No.2570/Del/2012

2. The first ground is against the deletion of addition of Rs.7,65,084/-

on account of Advances received from customers not shown as income.

3. Succinctly, the assessee runs a resort at Baihar. A sum of

Rs.7,65,084/- was shown as Advances from customers, which was not

offered as income. On being called upon to explain as to why such

advances be not taken as the income for the year, the assessee stated that

these amounts were in the nature of advances which were considered as

income for the subsequent year on the guests actually putting in stay in

the period relevant to April, 2008 to March, 2009. Not convinced, the

AO made addition for the said sum of Rs.7,65,084/-, which came to be

deleted in the first appeal.

4. After considering the rival submissions and perusing the relevant

material on record, it is observed that the assessee is running a resort at

Baihar and a sum of Rs.7.65 lac was shown as `Advances from

customers' against their stay to be made in the subsequent financial

year. Under the mercantile system of accounting, the event of

recognizing income is when such income accrues and not when a sum is

2 ITA No.2570/Del/2012

received as an advance. The assessee has made out a case that this

amount of Rs.7.65 lac received in the instant year actually related to the

stay by guests taking place in the subsequent year, when such amount

was offered for taxation. However, no such details co-relating advances

received in the current year with the stay of guests taking place in the

subsequent year, has been placed on record. In our considered opinion,

if the amount received in the instant year actually pertains to stay of

customers in the subsequent year, then, the amount shown in the balance

sheet as advance has to be taken as such without consisting of any

element of income for the current year. If, on the other hand, the stay of

customers actually took place in the year in question, then, the amount

should be treated as income. We, therefore, set aside the impugned

order and remit the matter to the file of AO for considering the co-

relation between the advances and stay of guests as indicated above.

5. The only other ground which survives is against the deletion of

addition of Rs.30,69,305/- out of Direct and administrative expenses

incurred at the Delhi registered office.

3 ITA No.2570/Del/2012

6. The facts relating to this ground are that on perusal of the

assessee's Profit & Loss Account, it was noticed by the AO that the

assessee claimed expenses of Rs.52.62 lac for its Delhi office which,

inter alia, included Direct expenses amounting to Rs.20,51,225/- and

Administrative expenses of Rs.10,18,050/-. The AO observed that the

assessee was running a resort at Baihar and no activity was carried out

at Delhi office. He, therefore, refused to accept the assessee's claim for

deduction of these expenses totaling to Rs.30,69,305/-. The ld. CIT(A)

deleted the addition.

7. After considering the rival submissions and perusing the relevant

material on record, it is observed that though the assessee is running a

resort at Baihar, but, its head office is in Delhi, which has not been

controverted by the ld. DR. There can be no denial of the fact that

certain expenses are incurred by head office even without carrying on

any business activity therefrom. The ld. AR contended that certain

purchases were made by Delhi office and recorded in its books of

account which actually pertained to the running of resort at Baihar. It

4 ITA No.2570/Del/2012

was contended that similarly other expenses incurred by the Delhi office

also relate wholly to resort. In our considered opinion, the view taken

by the ld. CIT(A) in deleting the addition is unimpeachable in view of

the fact that the AO made addition simply by observing that no business

activity was carried out by the assessee at Delhi office. We, therefore,

uphold the view taken by the ld. CIT(A) on this score. This ground is not

allowed.

8. In the result, the appeal is partly allowed for statistical purposes.

The order pronounced in the open court on 06.05.2015.

Sd/- Sd/-

[H.S. SIDHU] [R.S. SYAL] JUDICIAL MEMBER ACCOUNTANT MEMBER

Dated, 06th May, 2015. dk

5 ITA No.2570/Del/2012

Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT (A) 5. DR, ITAT AR, ITAT, NEW DELHI.

6

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