2010 (1) TMI 975 - AT - Income Tax

Summary

Issues Involved:
1. Addition on account of excess amount collected for vehicle registration.
2. Disallowance of administrative expenses.
3. Admission of additional evidence by the Commissioner of Income-tax (Appeals).

Summary:

1. Addition on Account of Excess Amount Collected for Vehicle Registration:

The assessee-company, involved in the purchase and sale of two-wheelers, was subjected to a survey u/s 133A, while a search and seizure operation u/s 132 was conducted at the premises of its directors. The Assessing Officer (AO) assumed that the assessee-company collected excess amounts for vehicle registration, similar to its group concern, and made additions based on this assumption. The Commissioner of Income-tax (Appeals) reduced the estimated excess collection per vehicle from Rs. 2,000 to Rs. 600. However, the Tribunal found no direct incriminating evidence against the assessee-company and noted that the AO's estimation was based on evidence from the group concern's case. The Tribunal concluded that the excess amount collected could not be treated as the business receipt of the assessee-company and deleted the entire addition.

2. Disallowance of Administrative Expenses:

The AO disallowed Rs. 5 lakhs each for the assessment years 2004-05 and 2006-07, citing a lack of break-up and vouchers for administrative expenses. The Commissioner of Income-tax (Appeals) deleted these disallowances, noting that the AO did not seek further enquiry and that the administrative overheads were allocated based on the number of employees and sales turnover. The Tribunal upheld the deletion, agreeing that the disallowance was uncalled for and based on an invalid method of comparison with other assessment years.

3. Admission of Additional Evidence by the Commissioner of Income-tax (Appeals):

The Revenue's objection to the admission of additional evidence by the Commissioner of Income-tax (Appeals) was dismissed by the Tribunal. It was noted that no new evidence was produced, and the entire books of the assessee-company were already in the custody of the AO.

Conclusion:

All the appeals of the assessee were allowed, and all the appeals of the Revenue were dismissed. The order was pronounced in the open court on January 29, 2010.