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2012 (8) TMI 996 - AT - Income Tax

Issues involved:
The judgment involves the disallowance of sundry balances written off, late payment of employees' Provident Fund contribution, and disallowance of prior period expenses.

Sundry Balances Written Off:
The Assessing Officer (AO) disallowed the claim of advances written off by the assessee amounting to Rs. 2,35,40,186/-, as the assessee failed to provide complete details and evidence. The AO contended that these advances could not be treated as bad debts written off and disallowed the entire claim. The assessee argued that the write-offs were for unrecoverable amounts made exclusively for business purposes. The Tribunal directed further verification by the AO to establish the nature of the advances and their business purpose for potential allowance as business loss under Section 28 or 37(1) of the Income Tax Act.

Late Payment of Provident Fund Contribution:
The AO added Rs. 2,97,034/- to the assessee's income for delayed payment of employees' Provident Fund contribution. The assessee relied on a previous ITAT decision, but the AO rejected the submission, leading to the disallowance. However, the Tribunal allowed the claim as a deduction following a similar case precedent, reversing the Ld. CIT(A)'s decision.

Prior Period Expenses:
The AO disallowed prior period expenses of Rs. 2,33,864/- as the assessee failed to provide sufficient explanation. The assessee claimed these were petty expenses written off during the year, but the Tribunal found no substantiation for the claim and dismissed it. The appeal was partly allowed for statistical purposes.

This judgment highlights the importance of providing complete details and evidence to support claims, the need for timely payments to statutory funds, and the requirement to substantiate expenses for deductions.

 

 

 

 

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