2025 (9) TMI 1191 - AT - Income Tax

Appellate deletion of job-work disallowances upheld; demonetisation cash deposits not s.68 unexplained credits; s.80JJAA deduction review allowed

ITAT (Del) upheld the appellate deletion of disallowances on job-work payments, finding revenue failed to rebut documentary evidence proving independent ... Disallowances made of job charges by holding the same as ingenuine expenses - AO concluded that the parties are controlled and operated by the assessee group and payments shown to these parties, is basically nothing but the device developed to claim inflated expenses under the job work expenses - CIT(A) deleted addition - HELD THAT:- Every plausible details were filed by the assessee in order to establish that the job work parties had worked independently and the services rendered by them are inevitable for the business of the assessee and before us, the revenue has failed to bring on record any further evidence/ material to rebut these details filed by the assessee. CIT DR support the observations and finding given by the AO in the assessment order which as stated above, are controverted by the assessee by placing on record overwhelming evidences and material based on which CIT(A) has deleted the disallowance. It is further seen that CIT(A) has dealt with every aspect and deleted the additions/disallowances made by the AO and before us, the Revenue has failed to controvert such findings of ld. CIT(A) by placing on record any contrary material or providing any details to hold that the observations made by CIT(A) are not correct or perversed. No infirmity in the order of Ld. CIT(A) in deleting the disallowances. Decided in favour of assessee. Addition on account of cash deposited in bank during the period of demonetization as unexplained credits u/s 68 r.w.s. 115BBE - assessee’s submission was that the invoices as well as stock position were available in seized records, but no effort was made by the AO for making verification which further proved that the AO had proceeded with the pre-conceived motion to make addition of amount of cash deposited during demonetization in SBN in the bank account of the assessee - Once cash sales was accepted and trading results were not doubted nor the provision of section 145(3) were invoked, it could not be said that cash deposited during demonetization out of such cash sales is unexplained money of the assessee and provision of section 68 of the Act cannot be invoked in such circumstances. Further, profit embedded in such sales have already been offered by the assessee and had been accepted by the AO. Therefore, amount of cash utilized out of such cash sales cannot be held as unexplained and its addition as unexplained credits tantamount to double taxation of income which is not permissible under the eyes of law. We are of the view that there is no reason to hold the cash available as on the date of demonetization as unexplained money which was deposited in the bank by assessee subsequently. With the above discussion, we direct the AO to delete this addition. Disallowance of deduction u/s 80JJAA - CIT(A) dismissed the claim by observing that there is no provision in the Act to file revised return for claiming additional deduction u/s 80JJAA - In our considered opinion, such observations of Ld.CIT(A) are incorrect as there might be some arithmetical error occurred in computing the additional man-days for new workmen force employed by the assessee on which deduction u/s 80JJAA of the Act was claimed. This being so, in our considered opinion, assessee is entitled for claiming additional deduction u/s 80JJAA by rectifying arithmetical errors for which the necessary Audit Report was also filed. However, since this additional claim made by assessee was not examined by the lower authorities, we direct the AO to verify the additional claim of the assessee and allow the same if it is found in accordance with law. With these directions, Grounds of appeal raised by the assessee are partly allowed in favour of the assessee. ISSUES PRESENTED AND CONSIDERED 1. Whether job-work payments claimed as business expenditure were bona fide or were bogus/name-lender arrangements controlled by the assessee such that the amounts are disallowable. 2. Whether the assessing officer's reliance on portions of statements and seized documents (alleged control of job-worker books/accounts, blank cheques, digital signatures, withdrawals) justified drawing an adverse inference when the assessee furnished documentary evidence, attendance/ledger records, bank statements, statutory compliance records and the AO's own remand verification did not draw adverse conclusions. 3. Whether cash deposits made during the demonetisation period could be treated as unexplained credit under section 68 and taxed under section 115BBE when the assessee had maintained books, stock, transactional records and claimed the deposits represented cash sales already offered to tax. 4. Whether an enhanced deduction claimed under section 80JJAA in a revised return filed under section 139(5) (prior to notice under section 153A and prior to centralization) could be disallowed merely because it derived from a revised return and required verification. 5. Ancillary procedural complaints (validity of proceedings under sections 153A/153D, requirement of DIN, and mechanical approvals) raised but not pressed before the Tribunal. ISSUE-WISE DETAILED ANALYSIS - I. Genuineness of Job-Work Payments Legal framework: Business expenditure is deductible if bona fide and substantiated; revenue may disallow payments shown to be sham/bogus. Burden initially on revenue to produce material raising doubt; once raised, assessee must substantiate genuineness with contemporaneous records, invoices, bank entries, attendance, TDS/26AS, statutory filings and witness statements. Precedent treatment: The Tribunal relied on coordinate bench decisions where voluminous documentary evidence (invoices, bank payments, salary registers, PF/ESI deposits, tax returns of job workers) sustained genuineness of job-work payments and deletions of similar disallowances. Interpretation and reasoning: The Tribunal examined totality of materials - presence of job-worker teams at factory on date of search, ledger accounts in assessee books, invoices with lot/style details, bank statements of job workers, salary/attendance registers, PF/ESI/LWF records, remand verification by AO, and statements of job workers and labourers. It found AO had selectively relied on isolated portions of statements (cherry-picking) and had not pointed to any specific manipulation or inadmissible claim in the job-workers' books. AO's suspicions (books kept at assessee premises, assistance in banking/administration) were explained by the semi-literate profile of job-workers who received administrative help; such assistance did not negate existence of independent job-work activity. Quantitative links (purchases ? job-work ? goods received ? sales) were not disputed. Immediate cash withdrawals post-credit were explained as salary payments and daily cash needs (and demonetisation-period banking constraints), supported by labour statements. AO's remand report did not draw adverse inference after verification. Ratio vs. Obiter: Ratio - where claimant furnishes coherent, corroborated documentary and oral evidence and AO's remand verification does not controvert that evidence, disallowance of job-work payments as bogus is unsustainable. Obiter - observations on reliability of particular witness statements and socio-economic explanations for record-keeping practices. Conclusion: The Tribunal upheld deletion of the addition; the job-work payments were held genuine on facts and law and Revenue's grounds dismissed. ISSUE-WISE DETAILED ANALYSIS - II. Use of Seized Materials, Cherry-Picking and Remand Verification Legal framework: Statements/ seized material must be read as a whole; selective quotation cannot supplant holistic appraisal. Remand proceedings and verification under Rule 46A permit AO to verify additional evidence; adverse inferences require cogent contradictory material. Precedent treatment: Tribunal applied the 'no cherry-picking' principle and referred to authorities disallowing reliance on selective extracts while ignoring corroborative portions; reliance also placed on decisions where remand verification that did not sustain AO's suspicion led to deletion. Interpretation and reasoning: The Tribunal criticized AO's selective reliance on portions of statements suggesting salary receipt or administrative assistance while ignoring explicit admissions by job-workers that they rendered job-work, maintained teams, paid salaries, and kept records (albeit with assessee's assistance). The AO's failure to identify any fabricated entries in job-workers' books or to produce direct evidence of cash being handed to assessee management undermined the disallowance. Remand report acknowledged and verified the additional evidences and drew no adverse inference. Ratio vs. Obiter: Ratio - isolated or partial reliance on seized materials, when contradicted or explained by comprehensive documentary evidence and remand verifications, cannot alone sustain findings of sham transactions. Obiter - detailed factual commentary on administration-level assistance to uneducated contractors. Conclusion: The Tribunal held that AO's approach was flawed; CIT(A)'s acceptance of full evidentiary matrix and deletion was warranted and upheld. ISSUE-WISE DETAILED ANALYSIS - III. Treatment of Cash Deposits During Demonetisation (s.68 & s.115BBE) Legal framework: Section 68 requires assessee to explain credits; where explanation is accepted and supported by evidence, addition cannot be made. Section 115BBE applies to undisclosed income by way of unexplained cash credits; double taxation arises if cash sales already offered to tax are again added as unexplained credits. Precedent treatment: Tribunal relied on multiple decisions holding that where books, stock records and sales/purchase nexus are intact and AO has not rejected books under section 145(3), cash deposits substantiated as sales should not be treated as unexplained; addition would amount to double taxation. Interpretation and reasoning: The assessee produced outlet-wise invoices, stock/ barcode control, VAT returns and month-wise sales/purchase data. AO's inferential reliance on internal mails/WhatsApp and an exceptional single-day surge was not supported by seized accounting records (which remained under AO's control) nor by stock discrepancies. The Tribunal observed that surge in sales on announcement of demonetisation was plausible and supported by contemporaneous business patterns and by comparative month-on-month data; profit on such sales had been accepted. Because the books were not rejected and the sales were backed by purchases/stock, treating the same receipts as unexplained credits would double-tax the same income; hence deletion directed and addition reversed. Ratio vs. Obiter: Ratio - where cash deposits are adequately explained as sales backed by books and stock and AO accepts trading results (without invoking section 145(3)), section 68/115BBE addition is not sustainable and cannot be used to effect double taxation. Obiter - factual assessment of demonetisation-period customer behaviour. Conclusion: The Tribunal deleted the addition of demonetisation cash deposits and directed AO to give effect; partial technical concession (small amount treated as deposited on actual date) stood adjusted by CIT(A). ISSUE-WISE DETAILED ANALYSIS - IV. Revised Return and Claim under Section 80JJAA Legal framework: A revised return under section 139(5) is permissible within statutory time and replaces earlier return; deductions claimed in a valid revised return may be subject to verification but cannot be summarily denied if properly substantiated. Section 80JJAA requires compliance and audit support (Form 10DA) for claiming employment-linked deduction. Precedent treatment: Authorities recognise that clerical/arithmetic corrections in revised return can be examined by AO; where additional documentary support (audit report) exists, AO must verify rather than reject peremptorily. Interpretation and reasoning: The Tribunal noted the revised return was filed under section 139(5) prior to centralisation and prior to notice under section 153A; the enhanced section 80JJAA claim was supported by Form 10DA. CIT(A) had directed amortisation item to be considered but refused enhanced 80JJAA on view that no provision permits revising that deduction; Tribunal found this approach incorrect. Given possible arithmetical error in man-day computation, the Tribunal directed AO to verify the additional claim on merits and allow if compliant. Ratio vs. Obiter: Ratio - a valid revised return containing additional deductions supported by statutory audit documentation must be examined on merits; AO cannot deny categorically without verification. Obiter - guidance to verify man-day computations. Conclusion: The Tribunal partly allowed the assessee's appeal on this point by directing verification and consideration of the enhanced 80JJAA claim. ISSUE-WISE DETAILED ANALYSIS - V. Procedural Challenges (153A/153D/DIN/Mechanical Approval) Legal framework: Assessments under section 153A and approvals under section 153D require adherence to statutory procedure; DIN requirement and application of mind for approvals are procedural safeguards. Precedent treatment and reasoning: Although raised, these procedural grounds were not pressed by the assessee before the Tribunal in several appeals and therefore were not adjudicated substantively; cross-objections on mechanical approval were dismissed where not pressed. Ratio vs. Obiter: Obiter - procedural objections were recorded but not decided on merits because parties did not press them. Conclusion: Procedural grounds that were not pressed were dismissed; adjudication proceeded on substantive evidentiary issues.