2012 (10) TMI 1055 - AT - Income Tax

Distribution expenses - Whether business expenses u/s 37(1) - Held that - assessee submitted the statement showing complete details of vouchers no. cheque no. date and name of the party and amount paid - AO has not brought on record any material to support that the expenses have not been incurred by the assessee - where original return had already been accepted u/s.143(1) before the search had taken place, adhoc disallowance made by AO is not justified - Decided in favor of assessee.

Summary

Issues:
Appeal against deletion of addition of distribution expenses under section 37(1) of the Income Tax Act.

Analysis:
During assessment proceedings for the year 2002-03, the Assessing Officer (AO) observed distribution expenses claimed by the assessee amounting to Rs. 1,02,60,485. The AO requested bills and vouchers to justify the expenses, which the assessee explained were incentives paid to customers, mainly bakeries, to maintain market share. The AO found the expenses not fully verifiable and supported by self-made vouchers, thus estimating an adhoc disallowance of 20% totaling Rs. 20,52,097. The first appellate authority, CIT(A), noted the lack of evidence to support the AO's stance that the expenses were not genuine or violated section 40A(3) of the Act, leading to deletion of the adhoc disallowance.

During the appeal, the Departmental Representative (D.R.) supported the AO's decision due to the unverifiable nature of the vouchers. Conversely, the Authorized Representative (A.R.) argued against the adhoc disallowance, highlighting the absence of seized documents during the search and the acceptance of the original return before the search under section 143(1) of the Act. The ITAT Mumbai observed that the adhoc disallowance made by the AO under section 143(3) r.w.s. 153A without seized material or evidence found during the search was unjustified. Citing a similar case from the Hon'ble Calcutta High Court, the tribunal held that no additions based on estimates can be made during block assessments. Therefore, the ITAT upheld the CIT(A)'s decision to delete the adhoc disallowance, dismissing the appeal on 18th October 2012.