2012 (8) TMI 363 - AT - Income Tax

Tax Tribunal Modifies Assessments, Reverses Insurance Disallowance, Scrutinizes AO's Decisions

Izrar Ahmed Abdul Rashid Shaikh, Prop. M/s. Akshar Roadlines, Versus Assistant Commissioner of Income Tax, Circle 3, Surat

Izrar Ahmed Abdul Rashid Shaikh, Prop. M/s. Akshar Roadlines, Versus Assistant Commissioner of Income Tax, Circle 3, Surat - TMI Issues Involved:1. Addition of Rs. 5,00,000/- as unexplained cash credit.2. Disallowance of Rs. 25,964/- out of telephone expenses.3. Disallowance of Rs. 19,490/- out of interest paid.4. Addition of Rs. 83,403/- under Section 69C.5. Deletion of Rs. 7,13,800/- on account of unverifiable purchases.6. Restriction of addition of Rs. 1,63,026/- out of various expenses to Rs. 25,964/-.7. Deletion of Rs. 3,30,239/- out of interest expenses.8. Deletion of Rs. 80,330/- and Rs. 25,470/- under Section 40A(2)(b).9. Deletion of Rs. 97,892/- out of messing expenses and Rs. 6,70,938/- out of truck-trip expenses.10. Deletion of Rs. 3,80,320/- out of freight expenses.11. Deletion of Rs. 1,28,381/- out of claim of insurance payment.12. Deletion of Rs. 71,339/- on account of ingenuine purchases.13. Deletion of Rs. 36,000/- out of Rs. 50,000/- on account of low household expenses.Issue-wise Detailed Analysis:1. Addition of Rs. 5,00,000/- as unexplained cash credit:The assessee received gifts totaling Rs. 5,00,000/- from three donors. The AO treated these as unexplained cash credits due to lack of evidence supporting the donors' opening balances and inconsistencies in their statements. The CIT(A) upheld this addition. However, the Tribunal deleted the addition of Rs. 2,00,000/- received from the assessee's father, citing his status as an income tax assessee and his old age as a reasonable explanation for non-appearance. The remaining Rs. 3,00,000/- from two other donors was sustained due to lack of satisfactory explanation and the improbability of such gifts from non-relatives.2. Disallowance of Rs. 25,964/- out of telephone expenses:The AO disallowed 20% of the telephone expenses, amounting to Rs. 25,964/-, on the basis that they were personal in nature. The CIT(A) confirmed this disallowance. The Tribunal upheld the disallowance, agreeing that the element of personal use could not be ruled out.3. Disallowance of Rs. 19,490/- out of interest paid:The AO disallowed Rs. 19,490/- out of interest paid to Chandan Commercial Corporation, arguing that the interest rate of 24% was excessive compared to 18% paid to other entities. The CIT(A) upheld this disallowance due to lack of evidence supporting the claim that Chandan Commercial Corporation was a financier. The Tribunal confirmed the disallowance, noting the absence of evidence.4. Addition of Rs. 83,403/- under Section 69C:The AO made an addition of Rs. 83,403/- as unexplained purchases from M/s. Volvo India Pvt. Ltd., due to a discrepancy between the amounts shown by the assessee and the party. The CIT(A) upheld this addition. The Tribunal confirmed the addition, citing the inability of the assessee to reconcile the difference.5. Deletion of Rs. 7,13,800/- on account of unverifiable purchases:The AO disallowed Rs. 7,13,800/- out of expenditure on truck spare parts and tyres, arguing that the resale value of old tyres was not accounted for. The CIT(A) deleted this disallowance, noting that used tyres typically have no resale value and the assessee had provided all relevant details. The Tribunal upheld the CIT(A)'s decision.6. Restriction of addition of Rs. 1,63,026/- out of various expenses to Rs. 25,964/-:The AO disallowed Rs. 1,63,026/- out of various expenses, which the CIT(A) restricted to Rs. 25,964/-. The Tribunal upheld the CIT(A)'s decision, noting that the expenses were petty in nature and the AO had not shown any evidence of personal use.7. Deletion of Rs. 3,30,239/- out of interest expenses:The AO disallowed Rs. 3,30,239/- out of interest expenses, arguing that interest-free loans were given by the assessee. The CIT(A) deleted this disallowance, noting that the assessee had sufficient own interest-free funds. The Tribunal upheld the CIT(A)'s decision.8. Deletion of Rs. 80,330/- and Rs. 25,470/- under Section 40A(2)(b):The AO disallowed these amounts, questioning the genuineness of payments to M/s. Arrow Logistics. The CIT(A) deleted the disallowance, stating that the AO failed to prove the payments were unreasonable or excessive. The Tribunal upheld the CIT(A)'s decision.9. Deletion of Rs. 97,892/- out of messing expenses and Rs. 6,70,938/- out of truck-trip expenses:The AO disallowed 50% of truck-trip expenses, arguing that they were not fully supported by evidence. The CIT(A) deleted this disallowance, noting that drivers on long trips incur petty expenses that cannot always be documented. The Tribunal upheld the CIT(A)'s decision.10. Deletion of Rs. 3,80,320/- out of freight expenses:The AO disallowed 2% of freight expenses, citing the possibility of inflated expenses. The CIT(A) deleted this disallowance, noting the AO's lack of evidence and the assessee's better GP ratio. The Tribunal upheld the CIT(A)'s decision.11. Deletion of Rs. 1,28,381/- out of claim of insurance payment:The AO disallowed Rs. 1,28,381/- as prepaid insurance. The CIT(A) deleted this disallowance, arguing that the liability accrued during the year. The Tribunal reversed the CIT(A)'s decision, stating that the liability accrues based on the period covered by the insurance.12. Deletion of Rs. 71,339/- on account of ingenuine purchases:The AO disallowed Rs. 71,339/- on account of ingenuine purchases. The CIT(A) deleted this disallowance, noting that the expenses were reconciled when considering both ledger accounts. The Tribunal upheld the CIT(A)'s decision.13. Deletion of Rs. 36,000/- out of Rs. 50,000/- on account of low household expenses:The AO added Rs. 50,000/- for low household expenses. The CIT(A) reduced this to Rs. 14,000/-, considering the assessee's wife's withdrawal of Rs. 36,000/-. The Tribunal upheld the CIT(A)'s decision.Conclusion:Both the appeals of the assessee and the revenue were partly allowed. The Tribunal upheld the CIT(A)'s decisions on most issues, except for the disallowance of prepaid insurance, which was reversed.