2013 (5) TMI 715 - AT - Income Tax

Assessee's appeal partially allowed on wage disallowance; issue of section 14A recomputation dismissed.

Pravin M. Shah Versus DCIT, Mumbai

Pravin M. Shah Versus DCIT, Mumbai - TMI Issues:1. Disallowance of wages paid to labor2. Recomputation of disallowance under section 14A of the Income-tax Act, 1961Issue 1: Disallowance of wages paid to laborThe Assessee appealed against the order of the CIT(A) disallowing a sum of Rs. 10,08,620/- being wages paid to labor. The AO had made the addition of Rs. 10,08,620/-, being 8% of the total expenses claimed under the head labor charges expenses. The vouchers submitted lacked details of the employees who rendered services, addresses of the employees, work sites, and contract particulars. The AO estimated 8% of the claim under the Labor Charges Account due to deficiencies in the vouchers. The CIT(A) sustained the addition, noting a fall in the net profit rate from the previous assessment years. The Assessee contended that the labor charges were reasonable compared to previous years and the net profit rate was justifiable. However, the CIT(A) confirmed the addition, stating the drop in net profit rate was unjustified. The Tribunal observed deficiencies in the vouchers, lack of details, and discrepancies in labor expenses compared to previous years. They concluded that some disallowance was necessary but found the 8% adoption without basis improper. The Tribunal allowed the Assessee's appeal in part, making a disallowance of Rs. 2 lakhs to meet the ends of justice.Issue 2: Recomputation of disallowance under section 14A of the Income-tax Act, 1961The CIT(A) directed the Assessing Officer to recompute the disallowance under section 14A of the Act based on a reasonable method, citing a jurisdictional High Court judgment. The Assessee, however, accepted the addition made by the AO under section 14A. The Tribunal noted that the Assessee's objection to the CIT(A)'s direction was an academic exercise since the addition had been accepted. Consequently, the Tribunal dismissed the grounds related to the disallowance under section 14A as academic. The Assessee's appeal on this issue was not further adjudicated upon due to the acceptance of the addition.In conclusion, the Tribunal partially allowed the Assessee's appeal concerning the disallowance of wages paid to labor, making a disallowance of Rs. 2 lakhs. The issue of recomputation of disallowance under section 14A was dismissed as academic since the Assessee had accepted the addition made by the AO.