2011 (9) TMI 655 - HC - Income Tax

Revenue's Appeal Dismissed Due to Lack of Evidence, CIT(A) Criticizes AO, ITAT Affirms Decision

The appeal was filed by the revenue challenging the disallowance of repair and maintenance expenses amounting to Rs. 27,85,005 due to lack of evidence. ... Admissibility of expense claimed towards refund of the sales tax - Mercantile system of accounting - Held That:- mercantile system means revenue and expenditure is determined by accrual and not on actual basis. Expenses shall be claimed in year of deduction and income in year of grant of refund. Disallowance of expense on Net Profit ratio - Held That:- Disallowance was made ignoring books of a/c, vouchers further AO ignored the fact that NP at 3.21%, on a substantially higher turnover of this year, was higher than NP of 2.95% in the immediate preceding year. Therefore disllowances amounting to 74% was unjustified. Issues:1. Disallowance of repair and maintenance expenses.2. Addition of sales tax refund.3. Disallowance of vehicle repair expenses.Disallowance of Repair and Maintenance Expenses:The appeal was filed by the revenue challenging the deletion of disallowance of Rs. 27,85,005 on repair and maintenance expenses due to lack of evidence. The CIT(A) found various vouchers on record supporting the expenses and criticized the Assessing Officer for not verifying the documentation properly. The CIT(A) noted a higher turnover compared to the previous year and concluded that the disallowance made by the Assessing Officer was arbitrary and resulted in an exceptionally high net profit rate. The ITAT affirmed the CIT(A)'s findings, stating that the deletion of disallowance was a factual decision and not perverse.Addition of Sales Tax Refund:The second issue involved the addition of Rs. 3,33,151 towards the refund of sales tax. The CIT(A) disagreed with the Assessing Officer's decision to disallow the amount based on the mercantile system of accounting, emphasizing that revenue and expenditure under this system are determined by accrual, not actual basis. The ITAT supported the CIT(A)'s findings, considering the circular issued under the Income Tax Act and declined to interfere with the decision.Disallowance of Vehicle Repair Expenses:Regarding the disallowance of Rs. 2,52,189 on vehicle repair expenses, the CIT(A) observed that the Assessing Officer did not examine any bill or voucher before concluding the claim was incorrect. The deletion of the disallowance was based on factual findings, and the CIT(A) found no substantial question of law. Consequently, the appeal was dismissed based on the factual nature of the findings in this regard.