2015 (10) TMI 310

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.... a) Out of denting & painting expenses 75,000/- b) Expenses incurred in respect of job charges 75,000/-   1,50,000/- 2. That on the facts and in the circumstances of the case, the Ld. CIT(A) erred in confirming disallowance under the following heads:- a) 15% out of claim of rebate & discount expenses 65,484/- b) Out of claim of expenditure debited to P & L a/c 55,000/-   1,20,484/- 3. That the petitioner may kindly be permitted to raise any additional or alternative grounds at or before the time of hearing. 4. The petitioner prays for justice & relief." 2 Ground Nos. 3 & 4 are general in nature, so do not require any comments on our part. Vide Ground No. 1, the grievance of the assesse....

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....rnal vouchers duly signed by shop keeper on the slip issued to outsider mistri bearing job card number through which work shop invoices were prepared charging job work from customers. It was further stated that in some warranty claims, job work of denting & painting work was also required to be carried out as the vehicles were dented and defaced the colour while replacements of spare parts and repair works. In these cases, payments for denting & paining materials were incurred, but no separate receipts of service charges were there from the customers as vehicles were covered under warranty scheme. It was further stated that increase in the expenditure was no criteria by itself for disallowance. Reliance was placed on the following case laws....

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....ame is deleted. 8. Next issue vide Ground No. 2 relates to the confirmation of addition of Rs. 65,484/- @ 15% out of claim of rebate & discount expenses and Rs. 55,000/- out of the various expenses debited in the P & L account. 9. Facts relating to this issue, in brief, are that the Assessing Officer during the course of assessment proceedings, noticed that the assessee claimed rebate and discount expenses of Rs. 4,36,562/- and produced the vouchers in support of the said claim. The Assessing Officer was of the view that the discount and rebate allowed to the customers was through self made vouchers instead of sales bills issued to the customers. He disallowed 20% of the expenses i.e. Rs. 87,312/-. The Assessing Officer also noticed t....

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.... 'rebate & discount' instead of 20% disallowed by the Assessing Officer and also restricted the disallowance from other expenditure to 10% instead of 20% made by the Assessing Officer. Now the assessee is in appeal. 12. Learned counsel for the assessee reiterated the submissions made before the authorities below and further submitted that no instance of expenses being for non-business purpose was pointed out either by the Assessing Officer or by the Ld. CIT(A). Therefore, disallowance sustained by the Ld. CIT(A) was not justified. 13. In his rival submissions, learned D.R. supported the order of the Ld. CIT(A) 14. We have considered the submissions of both the parties and carefully gone through the material available on rec....