2013 (9) TMI 1095 - AT - Income Tax

Addition to assets - Held that - The evidences in the form of bills which were submitted by the Assessee before CIT(A), there is no specific finding of CIT(A) of its examination and conclusion. We therefore of the view that this issue needs to be examined afresh. Addition for purchase of computer software - Held that - We find that CIT(A) while deleting the addition has given a finding that the software were technical software with specific purpose and therefore cannot be held to be capital assets. He has further noted that it was in relation to expenditure on training with licence to the main software having single use. Before us, the Revenue could not controvert the findings of CIT(A) by bringing any contrary material on record. Disallowance of expenses - Held that - We find that while deleting the addition CIT(A) has given a finding that all the expenditure were billed and properly vouched. He has further noted that the Assessee has also deducted appropriate TDS wherever applicable and Assessing Officer has not pointed out any specific defect in the claim of expenditure. Before us, the Revenue could not controvert the findings of CIT(A) and therefore we find no reason to interfere with the order of CIT(A). Addition on unexplained creditors - Held that - We find that CIT(A) has deleted the addition made by the A.O. We also find that there is no finding of CIT(A) with respect to examination of creditors and their genuineness. We therefore feel that this aspect needs to be examined afresh. We therefore restore the matter to the file of CIT(A) for him to pass speaking order, after considering the submissions of the Assessee and after giving reasonable opportunity of hearing to both the parties. Addition on account of unsecured loan - Held that - We find that CIT(A) while deleting the addition has noted on the basis of evidence in the form of copy of passport, permanent resident card, copy of account showing money receipt through banking channels and confirmation from the party, that the onus has been discharged by the Assessee. He has further noted that the Assessing Officer had made no adverse comment on the basic ingredients while examining the verification of loan in the remand report. Before us, the Revenue could not controvert the findings of CIT(A) and thus this ground of Revenue is dismissed.

Summary

Issues Involved:

1. Deletion of addition of Rs. 1,02,46,219/- of assets disclosed in the balance sheet.
2. Deletion of disallowance of Rs. 30,30,137/- out of total disallowance of Rs. 33,09,717/- in respect of assets for which bills are claimed to be not furnished.
3. Deletion of addition of Rs. 2,50,000/- for purchase of computer software.
4. Deletion of addition of Rs. 27,60,730/- being expenses claimed in the return of income.
5. Deletion of addition of Rs. 22,11,811/- in respect of alleged unexplained creditors.
6. Deletion of addition of Rs. 61,23,286/- in respect of unexplained unsecured loan.
7. Admission of additional evidences in violation of Rule 46A.

Detailed Analysis:

1. Addition of Rs. 1,02,46,219/- to Assets and Depreciation:
During the assessment proceedings, the Assessing Officer (AO) noticed that the assessee had shown additions to new assets amounting to Rs. 1,77,95,962/- but could only furnish bills for assets amounting to Rs. 75,49,743/-. Consequently, the AO added Rs. 1,02,46,219/- and disallowed depreciation of Rs. 33,09,717/- due to unverifiable asset acquisition. The CIT(A) deleted the addition, noting that the AO did not examine the bills submitted during appellate proceedings and did not invoke any specific section like Section 69 of the Act. The Tribunal found that the CIT(A) did not specifically verify the bills and remanded the issue back to CIT(A) for re-examination and a speaking order.

2. Disallowance of Rs. 30,30,137/- out of Total Disallowance of Rs. 33,09,717/-:
This issue is connected to the first issue and involves the disallowance of depreciation due to the non-submission of bills for assets. The CIT(A) had deleted the disallowance, but the Tribunal remanded the matter back to CIT(A) for re-examination and a detailed order.

3. Addition of Rs. 2,50,000/- for Purchase of Computer Software:
The AO categorized the expenditure on computer software as capital in nature and disallowed the claim. The CIT(A) deleted the addition, noting that the software was technical with specific purposes and related to training and licensing, thus not capital assets. The Tribunal upheld CIT(A)'s decision, finding no contrary evidence from the Revenue.

4. Disallowance of Rs. 27,60,730/- of Expenses:
The AO disallowed 1/6th of the total expenses amounting to Rs. 1,65,64,384/- due to partial submission of details by the assessee. The CIT(A) deleted the addition, noting that all expenses were billed, vouched, and TDS was deducted where applicable. The Tribunal upheld CIT(A)'s decision, as the Revenue could not provide contrary evidence.

5. Addition of Rs. 22,11,811/- for Unexplained Creditors:
The AO added 25% of the sundry creditors as unexplained due to the lack of details. The CIT(A) deleted the addition, stating that the AO's basis was not legally tenable and that complete details were provided during appellate proceedings. The Tribunal remanded the issue back to CIT(A) for a detailed examination and a speaking order.

6. Addition of Rs. 61,23,286/- for Unexplained Unsecured Loan:
The AO added the unsecured loan amount as unexplained due to the absence of confirmation and proof. The CIT(A) deleted the addition, noting that the assessee provided sufficient evidence, including identity proof, banking transactions, and confirmations. The Tribunal upheld CIT(A)'s decision, as the Revenue could not provide contrary evidence.

7. Admission of Additional Evidences in Violation of Rule 46A:
The Revenue argued that CIT(A) admitted additional evidence in violation of Rule 46A. However, the learned D.R. did not seriously argue this issue before the Tribunal, leading to its dismissal.

Conclusion:
The appeal of the Revenue is partly allowed for statistical purposes, with specific issues remanded back to CIT(A) for re-examination and detailed orders. The Tribunal upheld the CIT(A)'s decisions on the deletion of additions related to computer software, expenses, and unsecured loans, while remanding the issues related to asset additions and unexplained creditors for further examination.