2010 (4) TMI 1139 - AT - Income Tax

Tribunal upholds CIT(A)'s decision on unproved expenses, dismisses revenue's appeal. Proper verification crucial.

The Tribunal upheld the ld CIT(A)'s decision to delete additions related to unproved purchases and expenses, dismissing the revenue's appeal. The AO's ... - Issues Involved:1. Addition of unproved purchases made by the AO and deleted by the ld CIT(A).2. Disallowance of miscellaneous expenses, conveyance, staff welfare, and traveling expenses.Issue 1: Addition of Unproved Purchases:The assessee, engaged in manufacturing and assembling engineering components, declared total sales and net profit for the assessment year 2005-06. The AO issued enquiry letters u/s 133(6) to 29 parties to verify business transactions. The assessee failed to produce parties but submitted confirmation letters. The AO added the aggregate purchases of &8377; 99,35,141 as unproved purchases u/s 69 of the IT Act. Further additions were made for specific parties. The ld CIT(A) deleted the entire addition citing lack of clarity, inconsistencies, and failure to consider confirmations and explanations. The revenue appealed, arguing against the deletion.The Tribunal noted that no summons were issued u/s 131 to the parties. The assessee's counsel argued that all details were submitted, with confirmations from most parties. Discrepancies in the AO's addition were highlighted, indicating arbitrary approach. The Tribunal found no reason to interfere with the ld CIT(A)'s decision to delete the addition, confirming the same.Issue 2: Disallowance of Expenses:The AO made an ad hoc disallowance of &8377; 34,453 out of miscellaneous expenses, conveyance, staff welfare, and traveling expenses, citing lack of proper vouching. The ld CIT(A) deleted the addition, finding the AO's reasoning unclear and arbitrary. The Tribunal agreed, emphasizing that disallowances must be justified by showing how expenses are unrelated to the business. The deletion of the addition was upheld, and the appeal by the revenue was dismissed.In conclusion, the Tribunal upheld the ld CIT(A)'s decision to delete the additions related to unproved purchases and expenses, dismissing the revenue's appeal. The order was pronounced on April 30, 2010.