2011 (9) TMI 987 - AT - Income Tax

Summary

Issues Involved:
1. Deletion of addition on account of TDS reconciliation.
2. Deletion of disallowance under Section 40A(2)(b) for payments to a sister concern.
3. Deletion of disallowance for inflating expenses.
4. Deletion of disallowance on vehicle/diesel oil-grease expenses.
5. Deletion of disallowance on machinery hire expenses.
6. Deletion of disallowance on machinery repairs/spares expenses.
7. Deletion of disallowance from site expenses and site Rasoda expenses.
8. Deletion of addition due to suppression of receipts.
9. Deletion of addition based on post-survey inquiries in respect of labor contractors.
10. Deletion of addition based on payments to transport contractors.
11. Deletion of disallowance on account of sub-contract expenses.

Detailed Analysis:

1. Deletion of Addition on Account of TDS Reconciliation:
The Assessing Officer (AO) added Rs. 10,997 to the income of the assessee towards suppression of income from Kadi Site, citing a difference in TDS reconciliation. The CIT(A) deleted the addition, noting that the amount in question was related to work done by M/s. K.M. Patel & Co. and was to be transferred to them. The Tribunal upheld the CIT(A)'s decision, finding no merit in the revenue's appeal.

2. Deletion of Disallowance under Section 40A(2)(b) for Payments to a Sister Concern:
The AO disallowed 5% of the payments made to G.K. Engineering, considering them excessive. The CIT(A) deleted the disallowance, noting that similar payments were accepted in previous years and the AO did not provide any comparable cases to justify the disallowance. The Tribunal upheld the CIT(A)'s decision, referencing the Supreme Court's decision in Upper India Publishing House Pvt. Ltd., which requires the AO to prove that the expenditure is excessive or unreasonable.

3. Deletion of Disallowance for Inflating Expenses:
The AO disallowed Rs. 1,86,020 for shortage/spoilage in cement purchase. The CIT(A) reduced the disallowance to Rs. 1,00,000, acknowledging some pilferage and spoilage is expected in cement work. The Tribunal upheld the CIT(A)'s decision, finding the partial allowance reasonable.

4. Deletion of Disallowance on Vehicle/Diesel Oil-Grease Expenses:
The AO disallowed 10% of diesel, oil, and grease expenses, citing inflated expenses. The CIT(A) deleted the disallowance, noting that all expenses were vouched and verified during the survey. The Tribunal upheld the CIT(A)'s decision, finding no specific defects pointed out by the AO.

5. Deletion of Disallowance on Machinery Hire Expenses:
The AO disallowed Rs. 4,79,165 for machinery hire expenses, questioning the genuineness of the transactions. The CIT(A) deleted the disallowance, noting that the expenses were necessary for completing the work and were supported by bills. The Tribunal upheld the CIT(A)'s decision, finding no merit in the revenue's appeal.

6. Deletion of Disallowance on Machinery Repairs/Spares Expenses:
The AO disallowed 10% of machinery repairs and spares expenses, citing lack of evidence. The CIT(A) deleted the disallowance, noting that all expenses were supported by bills and vouchers. The Tribunal upheld the CIT(A)'s decision, finding no specific defects pointed out by the AO.

7. Deletion of Disallowance from Site Expenses and Site Rasoda Expenses:
The AO disallowed 20% of site expenses and site Rasoda expenses, citing lack of external supporting evidence. The CIT(A) deleted the disallowance, noting that the expenses were necessary for providing food and shelter to workers at remote sites. The Tribunal upheld the CIT(A)'s decision, finding no discrepancy in the bills and vouchers.

8. Deletion of Addition Due to Suppression of Receipts:
The AO added Rs. 32,68,650 for suppression of receipts, citing a discrepancy in the joint venture agreement. The CIT(A) deleted the addition, noting that the receipts were correctly shown and verified by SSNNL. The Tribunal upheld the CIT(A)'s decision, finding no evidence of understated or suppressed receipts.

9. Deletion of Addition Based on Post-Survey Inquiries in Respect of Labor Contractors:
The AO disallowed Rs. 56,44,787 for labor contractor expenses, questioning the genuineness of the transactions. The CIT(A) deleted part of the disallowance, retaining Rs. 12,00,000, noting that the labor contractors confirmed having done the work. The Tribunal upheld the CIT(A)'s decision, finding no merit in the revenue's appeal.

10. Deletion of Addition Based on Payments to Transport Contractors:
The AO disallowed Rs. 46,75,572 for transport contractor expenses, questioning the capacity of the contractors to render services. The CIT(A) deleted part of the disallowance, retaining Rs. 10,00,000, noting that the transport contractors were assessed to tax and had provided services in previous years. The Tribunal upheld the CIT(A)'s decision, finding no merit in the revenue's appeal.

11. Deletion of Disallowance on Account of Sub-Contract Expenses:
The AO disallowed Rs. 38,12,667 for sub-contract expenses, questioning the capacity of the sub-contractor to render services. The CIT(A) deleted the disallowance, noting that the sub-contractor had provided services in previous years and was assessed to tax. The Tribunal upheld the CIT(A)'s decision, finding no merit in the revenue's appeal.

Conclusion:
The Tribunal dismissed the revenue's appeal, upholding the CIT(A)'s deletions of disallowances and additions, finding no merit in the revenue's grounds of appeal. The Tribunal's decision was based on the lack of specific defects or contrary evidence presented by the AO.