2021 (1) TMI 35 - AT - Income Tax

Tribunal partially allows appeal, deletes certain additions, upholds expenses disallowance

LBW Consulting Pvt. Ltd. Versus Income Tax Officer, Ward-16 (1)

LBW Consulting Pvt. Ltd. Versus Income Tax Officer, Ward-16 (1) - TMI Issues:1. Addition made for Rs. 22,28,5602. Addition made towards Salaries and other benefits to the employees, Managing Director, and Vice President3. Disallowance of Rs. 1,47,7214. Disallowance of Rs. 1,33,132Issue 1: Addition made for Rs. 22,28,560:The Assessing Officer (AO) noted a discrepancy in the gross receipts declared by the assessee and the amount reflected in Form 26AS, leading to an unexplained difference of Rs. 22,28,560. The AO made an addition based on this variance. During the remand proceedings, the assessee reconciled a significant portion of the difference, leaving only Rs. 55,082 unreconciled. However, the Commissioner of Income Tax (Appeals) upheld the entire addition without considering the reconciled amount. The Tribunal found the CIT(A)'s decision unjust and directed the AO to delete the addition of Rs. 21,73,478 and further investigate the remaining unreconciled amount of Rs. 55,082.Issue 2: Addition made towards Salaries and other benefits:The AO disallowed Rs. 11,02,482 as the assessee failed to provide detailed information on salaries paid to individual employees, estimating a 10% disallowance. In the subsequent proceedings, the assessee furnished the necessary details, which the AO found genuine. However, the CIT(A) increased the disallowance to 50%, specifically focusing on the salaries of the Managing Director and Vice President, considering them excessive compared to the company's turnover. The Tribunal, after considering arguments from both sides, concluded that the salaries were justified given the technical qualifications and roles of the individuals. Consequently, the entire addition on this account was directed to be deleted.Issue 3: Disallowance of Rs. 1,47,721:The AO disallowed Rs. 1,47,721 due to lack of proper documentation for certain expenses. In the remand proceedings, it was revealed that only bills for petrol and diesel expenses worth Rs. 1,32,692 were unavailable. The CIT(A) failed to address this issue adequately. The Tribunal decided to partially uphold the disallowance, directing 1/3rd of the petrol and diesel expenses, amounting to Rs. 44,230, to be disallowed, considering the circumstances of the case.Issue 4: Disallowance of Rs. 1,33,132:The AO noted a discrepancy in the bank balance disclosed by the assessee and the bank statement, leading to an addition of Rs. 1,33,132. Although the assessee provided a reconciliation statement during the remand proceedings, the CIT(A) did not address this issue. The Tribunal, after verifying the reconciliation and finding it acceptable, directed the AO to delete the addition of Rs. 1,33,132. Consequently, this ground raised by the assessee was allowed in its favor.In conclusion, the Tribunal partially allowed the assessee's appeal, directing the deletion of certain additions and confirming others based on detailed analysis and considerations of the facts presented during the proceedings.