2011 (10) TMI 631 - AT - Income Tax

Tribunal upholds CIT(A)'s decision on expense addition, adjusts disallowance, resulting in net addition. Revenue appeal dismissed.

M/s. Airwide Express Cargo Versus. ITO, Ward 7 (1), & vice versa

M/s. Airwide Express Cargo Versus. ITO, Ward 7 (1), & vice versa - TMI Issues:Cross appeals filed by the assessee and the revenue against the order of Ld. CIT(A) IV, Surat for the assessment year 2005-06.Analysis:Issue 1: Addition of Rs. 13,72,590/-The AO observed discrepancies in loading, unloading, and tempo expenses payable by the appellant. The AO required details of payments made, but incomplete information was provided. The AO disallowed a significant portion of the expenses, considering outstanding payments to laborers as not genuine. The Ld. CIT(A) allowed relief based on a previous Tribunal decision, reducing the disallowance to Rs. 13,72,590/-. The assessee appealed for further relief, while the revenue appealed against the relief granted.Issue 2: Disallowance of ExpensesThe Ld. CIT(A) compared the facts of the current year with the assessment year 2004-05. The Tribunal had allowed partial relief in the previous year, considering the unrealistic increase in GP if the entire disallowance was confirmed. The revenue argued for adopting the GP rate of the previous year, while the assessee proposed a GP rate of 21%. The Tribunal analyzed the expenses, concluding that a disallowance of Rs. 546,833/- was appropriate, dismissing the revenue's appeal and partly allowing the assessee's appeal.In conclusion, the Tribunal upheld the Ld. CIT(A)'s decision on the addition of Rs. 13,72,590/- and adjusted the disallowance of expenses, resulting in a net addition of Rs. 546,833/-. The revenue's appeal was dismissed, and the assessee's appeal was partly allowed.