2010 (2) TMI 860 - AT - Income Tax

Tribunal overturns disallowance of construction company's expenses, emphasizes need for thorough tax investigations.

The Tribunal allowed the appeal of the civil construction company, deleting the disallowance of expenses incurred on purchases of building material and ... Disallowance of expenses incurred on purchases of building material as well as paid for job work - assessee has disclosed permanent account number in respect of wooden worker – Held that:- Assessing Officer did not bother to make investigation in his case. He simply construed the claim of the assessee as non-genuine on account of no response from these persons to his letter, The Assessing Officer could have made a call on the mobile number of Supplier as well as wooden worker which are available on their bills but no such efforts were made. Thus the reasoning assigned by the learned Assessing Officer is not sufficient to make the disallowance. Taking into consideration all these facts and circumstances appeal of the assessee allowed and disallowance deleted. Issues:Disallowance of expenses incurred on purchases of building material and job work.Analysis:Issue 1: Disallowance of expenses incurred on purchases of building material and job workThe assessee, a civil construction company, appealed against the disallowance of Rs. 15,53,143 out of expenses incurred on purchases of building material and job work for the assessment year 2005-06. The Assessing Officer found discrepancies in payments made for job work and purchases of raw materials, issuing notices under section 133(6) to verify the genuineness of these transactions. The assessee failed to provide confirmations from the suppliers, leading to the disallowance. The Commissioner of Income-tax (Appeals) upheld the disallowance, emphasizing the need for the assessee to prove that the expenses were incurred wholly and exclusively for business purposes.In response, the assessee argued that the nature of their business made it challenging to track small service providers like carpenters and masons for confirmations after several years. The payments were made through account payee cheques, and relevant documents were submitted to support the transactions. The Assessing Officer's lack of investigation into the suppliers' details, such as permanent account numbers and contact information, was highlighted by the assessee. The Tribunal noted the difficulty faced by the assessee in obtaining confirmations from such service providers and the lack of thorough inquiry by the Assessing Officer.After considering the contentions of both parties and examining the records, the Tribunal concluded that the disallowance by the Assessing Officer was unwarranted. The Tribunal emphasized that the assessee had disclosed necessary details like permanent account numbers, and the payments were made through legitimate channels. The failure of the Assessing Officer to conduct a proper investigation, despite available contact information on bills, was deemed a crucial oversight. The Tribunal stressed the importance of evaluating the cumulative effect of all facts and circumstances in a case, rather than isolating individual aspects. Consequently, the Tribunal allowed the appeal of the assessee and deleted the disallowance of expenses incurred on purchases of building material and job work.In summary, the Tribunal's decision highlighted the need for a comprehensive assessment of all relevant facts and circumstances, emphasizing the importance of thorough investigations by tax authorities before disallowing expenses claimed by taxpayers for business purposes.