2018 (3) TMI 1517 - AT - Income Tax

Tribunal partially allows assessee's appeal under Income Tax Act, 1961

Biswanath Agarwala Versus ACIT, Circle-43, Kolkatda

Biswanath Agarwala Versus ACIT, Circle-43, Kolkatda - TMI Issues Involved:1. Confirmation of addition under Section 68 of the Income Tax Act, 1961.2. Disallowance of motor car and telephone expenses for personal use.3. Interest under Sections 234B and 234D.4. General grounds not requiring adjudication.Issue-wise Detailed Analysis:1. Confirmation of Addition under Section 68:The primary issue raised by the assessee was the confirmation of the addition of Rs. 64,05,408/- under Section 68 of the Income Tax Act, 1961. The assessee, engaged in wholesale sugar trading, claimed that cash deposits were received from various traders as advances for sugar purchases. The AO required identification details of these parties, which the assessee failed to provide satisfactorily. The AO treated the cash deposits as unexplained cash credits and added them to the total income.The assessee argued that the cash receipts were against sales and duly reflected in the sales register. However, the AO observed that the identification of parties was not furnished, and the authenticity of the addresses was not evidenced by bills or other documents. The AO concluded that the cash deposits represented the assessee's own money from undisclosed sources.The CIT(A) upheld the AO's decision, noting that the deposits were not supported by sufficient evidence and appeared to be non-genuine transactions. The Tribunal, however, found that the AO did not issue notices under Section 133(6) to verify the addresses, despite having them. Additionally, the Tribunal noted that sales amounting to Rs. 53,15,781/- were accepted by the AO, and thus, could not be treated as unexplained cash credits. The Tribunal also found that the provisions of Section 68 could not be applied to advances given to an employee or to transactions where sales were not materialized and amounts were refunded. Consequently, the Tribunal reversed the lower authorities' orders and allowed the assessee's appeal on this ground.2. Disallowance of Motor Car and Telephone Expenses:The AO disallowed 10% of the motor car and telephone expenses, amounting to Rs. 39,738/- and Rs. 37,454/- respectively, on the grounds of personal use. The CIT(A) upheld this disallowance. The Tribunal, however, observed that no specific personal expenses were identified by the AO and that disallowance on an ad-hoc basis was not sustainable. Citing a precedent from the ITAT Kolkata, the Tribunal deleted the disallowance, allowing the assessee's appeal on this ground.3. Interest under Sections 234B and 234D:The issue of interest under Sections 234B and 234D was deemed consequential and did not require separate adjudication.4. General Grounds:Ground No. 1 and Ground No. 10 were general in nature and did not require separate adjudication. Ground No. 7 was not pressed by the assessee and was dismissed as not pressed.Conclusion:The Tribunal allowed the assessee's appeal partly, reversing the additions under Section 68 and deleting the disallowance of motor car and telephone expenses. The interest issues were treated as consequential, and general grounds were dismissed or not adjudicated. The order was pronounced in open court on 27/03/2018.