2010 (3) TMI 929 - AT - Income Tax

Summary

Issues Involved:
1. Validity of the Assessing Officer's order.
2. Disallowance under section 40A(3) of the Income-tax Act, 1961.
3. Rejection of books of account under section 145 of the Act and estimation of gross profit.
4. Disallowance of depreciation on motor cars.
5. Charging of interest under section 234B of the Act.

Detailed Analysis:

1. Validity of the Assessing Officer's Order:
The first issue raised by the assessee was regarding the validity of the Assessing Officer's order. However, the learned counsel for the assessee stated that he had instructions not to press this issue. Consequently, this issue was dismissed as not pressed.

2. Disallowance under Section 40A(3) of the Income-tax Act, 1961:
The main contention revolved around the partial confirmation of disallowance under section 40A(3). The assessee argued that payments made to farmers and villagers for milk purchases should be covered under the exceptions provided in rule 6DD(f) of the Income-tax Rules, 1962. The Assessing Officer disallowed these payments, stating they were made to intermediaries and not directly to producers. The Commissioner of Income-tax (Appeals) partially allowed the claim, leading to cross-appeals by both the assessee and the Revenue. The tribunal found that the payments were indeed made to producers through intermediaries and should be covered under the exceptions. Consequently, the disallowance was deleted, and the appeal of the Revenue was dismissed.

3. Rejection of Books of Account under Section 145 of the Act and Estimation of Gross Profit:
The assessee challenged the rejection of its books of account by the Assessing Officer, who had estimated the gross profit for the Malanka branch based on the gross profit rate of the Ahmedabad branch. The Commissioner of Income-tax (Appeals) upheld this rejection. However, the tribunal found that there were no defects in the books of account, and the gross profit for the Malanka branch was comparable to that of the Ahmedabad branch. Therefore, the tribunal accepted the book results and deleted the addition made by the lower authorities.

4. Disallowance of Depreciation on Motor Cars:
The assessee contested the disallowance of depreciation on motor cars, arguing that the disallowance was excessive. The Assessing Officer had disallowed one-fifth of motor car expenses, including depreciation, for personal use. The tribunal found that a disallowance of one-tenth of depreciation would be fair and just. Consequently, this issue was partly allowed in favor of the assessee.

5. Charging of Interest under Section 234B of the Act:
The issue of charging interest under section 234B was deemed consequential and did not require adjudication.

Conclusion:
The appeal of the Revenue was dismissed, and the appeal of the assessee was partly allowed. The tribunal provided relief to the assessee by deleting the disallowance under section 40A(3) and accepting the book results, while partially allowing the disallowance of depreciation on motor cars. The interest issue under section 234B was not adjudicated as it was consequential.