2023 (12) TMI 626 - AT - Income Tax

Tax officer failed to prove cessation of liability under section 41, addition deleted for lack of proper verification

ACIT Circle-7 (1) Delhi Versus M/s Delmos Aviation Pvt. Ltd., Delhi

ACIT Circle-7 (1) Delhi Versus M/s Delmos Aviation Pvt. Ltd., Delhi - TMI Issues Involved:1. Deletion of addition made under Section 41 of the Income Tax Act.2. Deletion of disallowance of 50% of handling charges.3. Deletion of addition made under Section 68 of the Act on account of unsecured loans.4. Deletion of disallowance of PMS fees.5. Restriction of disallowance under Section 14A of the Act.6. Deletion of increase in Director's remuneration.Summary:Issue 1: Deletion of Addition under Section 41 of the ActThe Revenue contested the deletion of an addition of Rs. 20,00,37,558/- made by the AO under Section 41 of the Act. The Tribunal upheld the CIT(A)'s decision, noting that the AO failed to provide evidence that the liability had ceased to exist. The CIT(A) referenced multiple judicial decisions, emphasizing that liabilities shown in the balance sheet cannot be presumed to have ceased without concrete evidence. The Tribunal agreed, dismissing the Revenue's ground.Issue 2: Deletion of Disallowance of 50% of Handling ChargesThe AO had disallowed 50% of handling charges, amounting to Rs. 2,27,64,303/-, on the basis that the expenses were not paid and thus not genuine. The CIT(A) deleted the disallowance, stating that the Assessee followed the Mercantile System of Accounting, and the AO did not provide evidence that the expenses were not genuine. The Tribunal found no merit in the Revenue's appeal and upheld the CIT(A)'s decision.Issue 3: Deletion of Addition under Section 68 of the ActThe AO added Rs. 2,45,00,000/- under Section 68 due to the Assessee's failure to provide a bank statement for a loan from the Director. The CIT(A) deleted the addition, but the Tribunal found the CIT(A)'s order non-speaking and cryptic. The Tribunal remanded the issue back to the AO for de-novo adjudication, directing the Assessee to submit the necessary bank statements.Issue 4: Deletion of Disallowance of PMS FeesThe AO disallowed PMS fees of Rs. 2,37,697/- and interest on TDS without providing reasons. The CIT(A) deleted the disallowance, noting that the expenses were allowable as business expenses since the shares were shown as stock-in-trade. The Tribunal upheld the CIT(A)'s decision, dismissing the Revenue's ground.Issue 5: Restriction of Disallowance under Section 14A of the ActThe AO made a disallowance of Rs. 8,40,255/- under Section 14A read with Rule 8D. The CIT(A) restricted the disallowance to the amount of dividend income earned, Rs. 2,52,128/-, stating that disallowance cannot exceed the total exempt income. The Tribunal found no error in the CIT(A)'s decision and dismissed the Revenue's ground.Issue 6: Deletion of Increase in Director's RemunerationThe AO disallowed an increase in Director's remuneration of Rs. 53,90,000/- under Section 40A(2)(b) due to lack of explanation. The CIT(A) deleted the addition, explaining that the increase was due to higher rent for rent-free accommodation provided to Directors. The Tribunal remanded the issue back to the AO for fresh adjudication, directing the Assessee to provide supporting evidence.Conclusion:The Tribunal partly allowed the Revenue's appeal for statistical purposes, remanding issues related to unsecured loans and Director's remuneration back to the AO for fresh adjudication. Other grounds raised by the Revenue were dismissed.