2016 (5) TMI 266 - AT - Income Tax

Tribunal Upholds Assessee's Favorable Decisions, Dismissing Revenue's Appeal

The A.C.I.T Circle, Noida Versus M/s Narayan Overseas

The A.C.I.T Circle, Noida Versus M/s Narayan Overseas - TMI Issues Involved:1. Bogus purchases2. Excess claim of expenses for quilting3. Commission expenses without TDS deduction4. Disallowance of cash expenses under section 40A(3)5. Disallowance of expenses under section 40(a)(ia)Issue 1: Bogus PurchasesThe appeal revolved around the contention of the revenue against the relief granted by the CIT(A) regarding alleged bogus purchases from M/s Nath International. The AO made an addition of Rs. 42,35,250 based on the assessment order of another company, M/s Nath International. However, the CIT(A) found in favor of the assessee, stating that there was sufficient stock of ready fabric available with Nath International, which was subsequently sold to the assessee-firm. The Tribunal upheld the CIT(A)'s decision, citing similar findings in a related case and dismissing the revenue's appeal.Issue 2: Excess Claim of Expenses for QuiltingThe department disputed the relief of Rs. 91,044 granted by the CIT(A) to the assessee for excess claim of expenses related to quilting job work done by M/s S.M. Creations. The AO had made an addition based on discrepancies in accounts, but the CIT(A) directed the AO to delete the addition. The Tribunal upheld the CIT(A)'s decision, noting that the assessee had adequately explained the differences and that the revenue failed to provide concrete evidence to contradict this.Issue 3: Commission Expenses without TDS DeductionThe AO disallowed commission expenses of Rs. 11,54,211 for not deducting tax at source under section 40(a)(i). However, the CIT(A) relied on CBDT Circular No. 786 and a Supreme Court decision to delete the addition. The Tribunal found this issue to be covered by the circular and the court decision, upholding the CIT(A)'s decision and dismissing the revenue's appeal.Issue 4: Disallowance of Cash Expenses under Section 40A(3)The AO disallowed cash expenses of Rs. 29,257 under section 40A(3) for exceeding the statutory limit. However, the CIT(A) found that the AO wrongly applied the provision, as each cash payment was below the limit. Citing High Court decisions, the Tribunal agreed with the CIT(A) and dismissed the revenue's appeal on this ground.Issue 5: Disallowance of Expenses under Section 40(a)(ia)The AO disallowed expenses of Rs. 10,71,095 under section 40(a)(ia) for not deducting TDS on job work payments. The CIT(A) found that the payments were for purchase of raw material, not job work, and deleted the addition. The Tribunal concurred with the CIT(A), stating that the payments were supported by bills and vouchers, and dismissed the revenue's appeal on this issue.In conclusion, the Tribunal dismissed the appeal of the Revenue after thorough consideration of each issue and upholding the decisions of the CIT(A) in favor of the assessee.