2013 (5) TMI 843 - AT - Income Tax

Tribunal Upholds AO's Orders on Expense Disallowance & Interest Charges

The Tribunal upheld the exparte orders passed by the Assessing Officer (AO) and confirmed by the Commissioner of Income Tax (Appeals) (CIT(A)). It ... - Issues Involved:1. Exparte order passed by the AO and CIT(A).2. Disallowance of expenses on stores and spares.3. Disallowance of various expenses due to non-production of books.4. Disallowance of rebate and discount.5. Addition on account of unexplained cash credit u/s 68.6. Non-allowance of set off of brought forward losses.7. Charging of interest u/s 234B.Summary:1. Exparte Order Passed by the AO and CIT(A):The assessee challenged the exparte order passed by the AO u/s 144 and sustained by the CIT(A). The Tribunal noted that the AO issued statutory notices u/s 143(2) and 142(1), which were not complied with by the assessee. The CIT(A) also provided numerous opportunities from 2008 to 2012, but the assessee failed to cooperate. The Tribunal held that there was no denial of natural justice and the exparte orders were justified.2. Disallowance of Expenses on Stores and Spares:The AO found an abnormal increase in stores and spares expenses from Rs. 8,88,982/- to Rs. 43,77,699/- without justification. Due to lack of supporting evidence, the AO disallowed Rs. 30,25,635/-. The CIT(A) confirmed the disallowance due to non-production of evidence. The Tribunal upheld the disallowance.3. Disallowance of Various Expenses Due to Non-Production of Books:The AO disallowed 1/10th of expenses on conveyance, traveling, machinery repair, and telephone, totaling Rs. 54,881/-, due to non-verification. The CIT(A) confirmed the disallowance. The Tribunal upheld the decision, noting the assessee's failure to produce books of account.4. Disallowance of Rebate and Discount:The AO disallowed Rs. 11,20,561/- claimed as rebate and discount due to lack of evidence and abnormal increase compared to the previous year. The CIT(A) confirmed the disallowance. The Tribunal upheld the decision due to the absence of supporting evidence.5. Addition on Account of Unexplained Cash Credit u/s 68:The AO added Rs. 14,00,000/- as unexplained cash credit and Rs. 1,68,000/- as interest due to non-furnishing of evidence for loans taken from Kusum Jampala and R.N. Agarwal. The CIT(A) confirmed the addition. The Tribunal upheld the addition due to the assessee's failure to provide necessary confirmations and bank statements.6. Non-Allowance of Set Off of Brought Forward Losses:The assessee challenged the non-allowance of set off of brought forward losses of Rs. 5,10,41,376/-. The CIT(A) directed the AO to verify and allow set off as per law. The Tribunal found the CIT(A)'s direction appropriate and dismissed the ground.7. Charging of Interest u/s 234B:The assessee challenged the charging of interest u/s 234B. The Tribunal noted that charging of interest u/s 234B is mandatory and dismissed the ground.Conclusion:The Tribunal dismissed the appeal of the assessee, upholding the exparte orders and all the additions and disallowances made by the AO and confirmed by the CIT(A). The application for admission of additional evidence was also rejected.