2007 (4) TMI 288 - AT - Income Tax

Tribunal allows appeal, directs deletion of non-taxable income, grants Section 80-O deduction.

The appeal was partly allowed with the Tribunal directing the deletion of the addition of Rs. 18,18,228 on account of social allowance after finding it ... Chargeability Issues Involved:1. Validity of notice under Section 148 and completion of assessment under Section 143(3) r/w Section 147.2. Additions made by AO beyond the reasons recorded for reopening under Section 147.3. Addition of Rs. 11,351 out of crew wages.4. Addition of Rs. 25,118 on account of car maintenance.5. Addition of Rs. 18,18,228 on account of social allowance.6. Disallowance under Section 80-O.Detailed Analysis:1. Validity of Notice under Section 148 and Completion of Assessment under Section 143(3) r/w Section 147:The assessee did not press this ground, leading to its dismissal for want of prosecution.2. Additions Made by AO Beyond the Reasons Recorded for Reopening under Section 147:This ground was also not pressed by the assessee, resulting in its dismissal for want of prosecution.3. Addition of Rs. 11,351 Out of Crew Wages:The assessee did not press this ground, and it was dismissed for want of prosecution.4. Addition of Rs. 25,118 on Account of Car Maintenance:This ground was not pressed by the assessee and was dismissed for want of prosecution.5. Addition of Rs. 18,18,228 on Account of Social Allowance:The assessee is engaged in supplying manpower to various shipping lines. The AO added Rs. 18,18,228 to the assessee's income, considering it as a trading receipt. The CIT(A) upheld this addition, but the assessee appealed.Upon review, it was found that the amount received was a conditional receipt with an obligation to refund it to the principal. The Tribunal admitted additional evidence, including a letter from Nomadic Management AS, Norway, clarifying the nature of the transaction. The letter indicated that the amount was held in trust and was not an income for the assessee. The Tribunal concluded that the receipt was not an unfettered gain and thus could not be treated as income. The addition of Rs. 18,18,228 was directed to be deleted, with the AO given liberty to tax it if the principal waived the liability.6. Disallowance under Section 80-O:The issue was covered by the Tribunal's decision in Dy. CIT vs. Tristar Consultants. The requirement of filing the necessary certificate was deemed a procedural and curable defect. The Tribunal upheld the assessee's grievance and directed the AO to grant the deduction under Section 80-O, following the precedent set by the co-ordinate Benches.Conclusion:The appeal of the assessee was partly allowed, with the Tribunal directing the deletion of the addition of Rs. 18,18,228 and granting the deduction under Section 80-O. The other grounds were dismissed for want of prosecution.