2022 (6) TMI 947 - AT - Income Tax

Tribunal allows appeal, reverses disallowances, and directs income computation rectification.

BCT Infrastructure LLP Versus ITO, Ward-28 (1), Kolkata

BCT Infrastructure LLP Versus ITO, Ward-28 (1), Kolkata - TMI Issues:1. Condonation of delay in filing appeal due to COVID-19 restrictions.2. Disallowance of expenses by Assessing Officer (AO) and upheld by Commissioner of Income Tax Appeals.3. Disallowance of motor car expenses.4. Disallowance of telephone expenses, conveyance charges, and general expenses.5. Disallowance of interest on service tax, TDS, penalty for P. tax.6. Disallowance of business promotion expenses.7. Computation of income by considering the returned loss.8. Calculation of interest u/s 234 A/B/C of the IT Act 1961.Analysis:1. The appeal filed by the assessee was time-barred by 59 days, but the delay was condoned due to COVID-19 restrictions, extending the limitation period. The Tribunal admitted the appeal for adjudication based on the Supreme Court judgment.2. The assessee challenged various disallowances made by the AO, including motor car expenses, telephone expenses, interest on service tax, and business promotion expenses. The Tribunal found that some disallowances were ad-hoc and lacked specific discrepancies in the expenses claimed.3. The disallowance of motor car expenses was partly upheld, with only a portion being confirmed by the Tribunal. The Revenue failed to provide evidence that the car was not used for business purposes, leading to a partial allowance of the ground raised by the assessee.4. The disallowance of telephone expenses, conveyance charges, and general expenses was partly allowed, considering the actual expenditure claimed and the amount not claimed in the profit & loss account.5. The disallowance of interest on service tax, TDS, and penalty was deleted as the actual amount was lower than the disallowed sum, with part of it transferred to construction work-in-progress.6. The disallowance of business promotion expenses was reversed as the expenses were not claimed in the profit & loss account, leading to the deletion of the ad-hoc disallowance.7. The Tribunal directed the Revenue to rectify the computation of income to reflect the loss declared by the assessee in the return, which was not considered in the assessment order.8. The general grounds related to the computation of income and interest calculation were not specifically adjudicated upon, and the appeal was partly allowed based on the above analysis.