Facts of the Case
These were cross-appeals filed by M/s Central Coalfields Limited,
a subsidiary of Coal India Limited, and by the Revenue, arising out of separate
orders passed by the CIT(A), Ranchi/NFAC, Delhi, for Assessment Years 2006-07
to 2020-21.
The assessee is engaged in coal mining operations and had incurred
various expenditures relating to forest land lease rent, land and crop
compensation, stripping activity, mine development, mine closure, employee
welfare, NCWA wage provisions, CSR expenditure, R&D expenses, CMPDIL
charges, IICM charges, prior period expenses, and disallowance under Section
14A. The Revenue treated several of these expenses as capital or otherwise not
allowable, leading to extensive litigation across multiple years.
Issues Involved
Whether lease rent paid for forest land used for mining is capital or
revenue in nature and the correct method of allowance, whether land and crop
compensation and stripping activity expenses are allowable as revenue
expenditure, whether provisions made under National Coal Wage Agreements
constitute ascertained liabilities, whether disallowance under Section 14A is
justified in respect of securitisation investments, whether prior period
expenses are allowable on payment basis, and whether various mining-related and
welfare expenditures qualify as allowable business expenditure.
Petitioner’s (Assessee’s) Arguments
The assessee submitted that forest land taken on lease does not result
in acquisition of ownership or any enduring capital asset, as the land remains
government property and must be restored after mining, and therefore lease rent
should be allowed by way of amortisation over the lease period.
It was contended that land and crop compensation and stripping expenses
are incidental to mining operations, do not create any asset, and are revenue
in nature, relying upon judicial precedents including the decision of the
Hon’ble Calcutta High Court in Birla Corporation Limited.
The assessee further argued that provisions made under NCWA were based
on binding directions of the holding company and represented known and definite
liabilities, that disallowance under Section 14A was not applicable where
investments related to securitisation of debts already offered to tax, and that
prior period expenses were allowable when payments were actually made during
the relevant year.
Respondent’s (Revenue’s) Arguments
The Revenue contended that lease rent, land and crop compensation and
stripping expenses facilitated access to coal reserves and therefore should be
treated as capital in nature or amortised in a restrictive manner. It was
argued that certain expenses lacked proper substantiation, that CSR expenditure
was not wholly and exclusively for business purposes, and that disallowance
under Section 14A was justified wherever exempt income or investments existed.
The Revenue also supported disallowance of repair expenses, CSR expenses
and levy of interest under Sections 234A and 234B.
Court Order / Findings
The ITAT Ranchi Bench examined the issues year-wise and issue-wise
across all appeals. The Tribunal held that forest land taken on lease does not
result in acquisition of any capital asset or enduring benefit, as ownership
remains with the Government and the assessee is obligated to restore the land
after mining. Accordingly, lease rent paid for forest land was held allowable
by amortisation over the life of the lease, with directions to the
Assessing Officer to recompute relief wherever necessary.
On land and crop compensation and stripping activity expenses, the
Tribunal held that such expenditure is incurred to facilitate mining
operations, does not result in acquisition of any asset, and is revenue in
nature, following the decision of the Hon’ble Calcutta High Court in Birla
Corporation Limited, and distinguishing the contrary view relied upon by
the Revenue.
The Tribunal allowed provisions made under NCWA, holding them to be
ascertained liabilities based on binding directions of Coal India Limited and
settled judicial principles. Disallowance under Section 14A was deleted where
investments related to securitisation of debts already offered to tax. Prior
period expenses were allowed where payments were actually made during the
relevant year.
Certain disallowances, including CSR expenses and repair expenses
lacking proper details, were upheld. Levy of interest under Sections 234A and
234B was decided against the assessee following jurisdictional High Court
precedent. Revenue appeals on issues already settled in favour of the assessee
in earlier years were dismissed on the principle of consistency.
Important Clarification
The Tribunal clarified that in mining operations, expenditure incurred
to enable extraction of minerals, without resulting in acquisition of ownership
or enduring capital asset, is generally revenue in nature. It was further
clarified that allowable expenditure cannot be denied merely on technical
grounds such as non-claim in the original return when the claim is otherwise
legally admissible at the appellate stage.
Final Outcome
The ITAT Ranchi Bench partly allowed the appeals of the assessee and
dismissed most of the appeals of the Revenue, with several issues decided
in favour of the assessee either fully or for statistical purposes, and limited
issues decided against the assessee.
The consolidated batch of cross-appeals for Assessment Years 2006-07
to 2020-21 was disposed of by order dated 05 January 2026.
Link to download the order : https://www.mytaxexpert.co.in/uploads/1768993738_CCLRANCHIVS.DCITCIR1RANCHI.pdf
Disclaimer
This content is
shared strictly for general information and knowledge purposes only. Readers
should independently verify the information from reliable sources. It is not
intended to provide legal, professional, or advisory guidance. The author and
the organisation disclaim all liability arising from the use of this content.
The material has been prepared with the assistance of AI tools.
0 Comments
Leave a Comment