1994 (8) TMI 83 - AT - Income Tax

ITAT Jaipur: Appeals partly allowed, liquor shop rebate claim accepted, raid expenses upheld as necessary

The ITAT Jaipur partly allowed the appeal filed by the assessee and dismissed the appeal filed by the Revenue. The disallowance of the amount claimed as a ... - Issues:1. Disallowance of an amount claimed by the assessee as a rebate due to liquor shops being closed during curfew.2. Addition of Rs. 25,000 to trading results by the lower authorities.3. Reduction of disallowance of raid expenses by the Assessing Officer.Detailed Analysis:1. The primary issue in this case revolves around the disallowance of an amount claimed by the assessee as a rebate of Rs. 2,39,527 due to the closure of liquor shops during a curfew period. The Assessing Officer treated this amount as excise duty under section 43B of the IT Act, disallowing the claim and adding it to the assessee's income. The CIT(A) upheld the disallowance on the basis that the amount, although not duty, was akin to a tax and hence covered under section 43B. However, the ITAT Jaipur, after considering various judgments and definitions, concluded that the 'issue price' was neither duty nor tax. The Tribunal held that the amount was a part of the price payable by the contractor and not automatically classified as excise duty or tax merely because it was paid to the Excise department. The Tribunal ruled in favor of the assessee, directing the deletion of the disallowance.2. Another issue raised in the appeal was the addition of Rs. 25,000 to the trading results by the lower authorities. Despite the assessee's substantial sales, the authorities found the trading results not fully verifiable and added the amount to the results. The ITAT agreed with the CIT(A) that the addition of Rs. 25,000 was reasonable considering the circumstances and upheld the decision, dismissing the assessee's objection.3. The third issue pertained to the reduction of disallowance of raid expenses by the Assessing Officer. The assessee, a liquor contractor, incurred expenses to prevent unauthorized sales of liquor in their territory. The Assessing Officer disallowed a portion of the claimed expenses, which was further reduced by the CIT(A). The Revenue challenged this reduction, arguing lack of proper documentation and denial of reimbursement by the Excise officials. The ITAT, however, supported the CIT(A)'s decision, emphasizing the necessity of such expenses in the liquor trade and the prevailing social conditions. The Tribunal dismissed the Revenue's objection, maintaining the reduced disallowance.In conclusion, the ITAT Jaipur partly allowed the appeal filed by the assessee and dismissed the appeal filed by the Revenue, resolving the issues related to the disputed amount, trading results addition, and raid expenses disallowance.