2015 (10) TMI 2751 - AT - Income Tax

Appeals partly allowed for statistical purposes, CIT(A) to reconsider various issues. AO instructed to delete stock addition.

Smt. Rasila S. Mehta, Madhuli Versus The DCIT, CC-23, Mumbai and Vica-Versa and M/s. Divine Holdings Pvt. Ltd. and Smt. Deepika A. Mehta Versus The ACIT, CC-31, Mumbai

The appeals filed by the parties were partly allowed for statistical purposes. The Tribunal directed the CIT(A) to reconsider various issues, including ... Addition on account of suspense account - HELD THAT:- CIT(A) should have obtained the details from custodian as the custodian appointed by the Special Court, is not obliged to assessee by providing necessary details in spite of various requests made on behalf of the assessee. Copies of requests are placed on record. In view of the above facts and circumstances of the case, we set aside this issue to the file of the CIT(A) to decide the issue afresh after obtaining necessary details from the custodian and after affording opportunity of hearing to the assessee. Disallowance on account of interest expenses - HELD THAT:- As decided in M/S. GROWMORE RESEARCH & ASSETS MGT. LTD., VERSUS THE ACIT, CENT CIRCLE-31, MUMBAI [2015 (3) TMI 1342 - ITAT MUMBAI] restore this issue to the files of the Ld. CIT(A) for fresh adjudication after giving reasonable opportunity of being heard to the assessee. Addition on account of other expenses - HELD THAT:- As assessee stated that the details have not been properly appreciated by the First Appellate Authority. In our considered opinion and in the interest of justice and fair play, this issue needs reconsideration by the First Appellate Authority. We, therefore, restore this issue to the file of the Ld. CIT(A). The assessee is directed to file necessary details in support of its claim and the Ld. CIT(A) is directed to verify the same. Addition on account of diminution in trading stock - HELD THAT:- The assessee is in the business of share trading which has been accepted by the AO in his assessment order. For certain statutory reasons, the assessee is not permitted to do trading in the shares in the stock market but at the same time the assessee is showing the shares as stock-in-trade and following the same as per the method of accounting regularly followed by her for the business. Therefore, in our considered opinion, any diminution in the value of the stock as at the end of the year has to be allowed. We, therefore, set aside the findings of the Ld. CIT(A) and direct the AO to delete the addition. Interest levied u/s. 234A, 234B and 234C - HELD THAT:- Agreed, levy of interest is mandatory and sometimes consequential depending upon the facts of each case. We note that identical issue arose before the Tribunal in the aforesaid cases therefore following the reasoning contained therein, we direct the Assessing Officer to recomputed the interest liability after reducing the amount of tax deductable at source and decide as per the provisions of law. We direct accordingly, thus, this ground is allowed for statistical purposes. See M/S HARSH ESTATES PVT. LTD. VERSUS ACIT CC-31, AAYKAR BHAVAN, MUMBAI [2014 (10) TMI 925 - ITAT MUMBAI] Addition u/s 69C - addition on account of personal household expenses - HELD THAT:- We find that in the group cases, the addition on account of low withdrawals made by the AO amounting to ₹ 60,60,000/- have been restricted by the Ld. CIT(A) at ₹ 37,80,000/- which also includes the present addition of ₹ 3,00,000/-. Considering the factual matrix of the entire family, in our considered opinion, an addition of ₹ 1,50,000/- should meet the ends of justice. We, modify the findings of the Ld. CIT(A) and direct the AO to make disallowance of ₹ 1,50,000/-. This ground of the assessee is partly allowed. Issues Involved:1. Addition on account of suspense account.2. Disallowance on account of interest expenses.3. Addition on account of other expenses.4. Addition on account of diminution in trading stock.5. Levy of interest under sections 234A, 234B, and 234C of the Income Tax Act.6. Addition on account of personal household expenses.Issue-wise Detailed Analysis:1. Addition on Account of Suspense Account:Ground No. 4 relates to the addition on account of suspense account amounting to Rs. 2,32,052/-. The Ld. CIT(A) had made additions for deposits which were not reconciled. The Tribunal referred to a similar issue in the case of Hitesh S. Mehta, where it was decided that the CIT(A) should obtain necessary details from the custodian and provide an opportunity for the assessee to be heard. Respectfully following the findings of the Co-ordinate Bench, the Tribunal directed the CIT(A) to readjudicate the issue accordingly. Ground No. 4 is allowed for statistical purposes.2. Disallowance on Account of Interest Expenses:Ground No. 5, common in all captioned appeals, relates to the disallowance on account of interest expenses. The Tribunal referenced the case of M/s. Growmore Research & Assets Mgt. Ltd., where the issue was restored to the CIT(A) for fresh adjudication. The CIT(A) was directed to consider the fact that proceedings regarding interest expenditure had concluded and to tax the income in the hands of the recipient as per the method of accounting followed by them. Ground No. 5 is allowed for statistical purposes.3. Addition on Account of Other Expenses:Ground No. 6 concerns the addition on account of other expenses amounting to Rs. 15,204/-. The CIT(A) noted that the assessee had not submitted details of these expenses. The Tribunal found that the details had not been properly appreciated and restored the issue to the CIT(A) for reconsideration. The assessee was directed to file necessary details, and the CIT(A) was instructed to verify and decide the issue afresh. Ground No. 6 is allowed for statistical purposes.4. Addition on Account of Diminution in Trading Stock:Ground No. 7 relates to the addition on account of diminution in trading stock amounting to Rs. 2,05,464/-. The assessee, engaged in share trading, showed shares as stock-in-trade. The Tribunal held that any diminution in the value of stock at the end of the year should be allowed. The findings of the CIT(A) were set aside, and the AO was directed to delete the addition. This ground is allowed.5. Levy of Interest under Sections 234A, 234B, and 234C:The Revenue's sole grievance was that the CIT(A) erred in holding that no interest could be levied under sections 234A, 234B, and 234C. The Tribunal noted that the Hon'ble Jurisdictional High Court had decided this issue in favor of the Revenue. The Tribunal directed the AO to recompute the interest liability after reducing the amount of tax deductible at source. This ground is allowed for statistical purposes.6. Addition on Account of Personal Household Expenses:Ground No. 3 in ITA No. 6831/M/2013 concerns the addition on account of personal household expenses of Rs. 3,00,000/-. The AO added this amount to the total taxable income under section 69C, citing insufficient withdrawals for household expenses. The CIT(A) upheld the addition. The Tribunal considered the withdrawals of the entire family and found that an addition of Rs. 1,50,000/- would suffice. The AO was directed to make a disallowance of Rs. 1,50,000/-. This ground is partly allowed.Conclusion:The appeals filed by the assessees and the Revenue are partly allowed for statistical purposes, with specific directions for fresh adjudication and reconsideration by the CIT(A) and AO as detailed above. The order was pronounced in the open court on 21st October 2015.