2012 (5) TMI 666 - AT - Income Tax

Summary

Issues Involved:
1. Initiation of reassessment proceedings.
2. Disallowance of interest on trade advance.
3. Disallowance of motor car expenses.
4. Disallowance of depreciation and interest on motor car loan.
5. Disallowance of sales promotion expenses.
6. Disallowance of travelling expenses.
7. Reduction of depreciation from business profits for deduction u/s 80HHC.
8. Treatment of sample sales as export sales.
9. Disallowance of telephone expenses.
10. Deletion of addition of foreign travel expenses.

Summary:

1. Initiation of reassessment proceedings:
The assessee challenged the initiation of reassessment proceedings. The Tribunal upheld the initiation, stating that the AO relied on judgments from the Supreme Court and Jurisdictional High Court, which constituted tangible material for reassessment. The Tribunal found no fault with the AO's view that income chargeable to tax had escaped assessment within the meaning of section 147.

2. Disallowance of interest on trade advance:
The AO disallowed interest on borrowings, alleging diversion of interest-bearing funds to a sister concern. The Tribunal allowed the assessee's appeal, noting that the assessee had sufficient interest-free funds and that advances were made for business purposes, thus no disallowance was warranted.

3. Disallowance of motor car expenses:
The AO disallowed motor car expenses for cars not registered in the assessee's name and for personal use. The Tribunal partly allowed the assessee's appeal, reducing the disallowance to 10% of total expenses, considering the absence of complete details and personal use by partners.

4. Disallowance of depreciation and interest on motor car loan:
The Tribunal held that disallowance of depreciation on motor cars not registered in the assessee's name was not justified. However, it sustained a 10% disallowance for personal use by partners. The interest on the motor car loan was allowed in full.

5. Disallowance of sales promotion expenses:
The AO disallowed 20% of sales promotion expenses due to lack of proper substantiation. The Tribunal upheld the CIT(A)'s decision to sustain a 10% disallowance, finding it justified given the inadequate substantiation.

6. Disallowance of travelling expenses:
The AO disallowed 20% of travelling expenses due to kutcha bills and vouchers. The Tribunal upheld the CIT(A)'s decision to sustain a 10% disallowance, finding it justified.

7. Reduction of depreciation from business profits for deduction u/s 80HHC:
The Tribunal overturned the CIT(A)'s decision, holding that the entire income was offered as business income and that depreciation had to be allowed u/s 32 against business income. The ground was allowed in favor of the Revenue.

8. Treatment of sample sales as export sales:
The AO excluded sample sales from export turnover due to lack of details. The Tribunal upheld the CIT(A)'s decision to treat sample sales as export sales, noting that the assessee had furnished complete details.

9. Disallowance of telephone expenses:
For AY 2004-05, the AO disallowed a portion of telephone expenses for personal use. The Tribunal upheld the CIT(A)'s decision to sustain a 10% disallowance, finding it justified.

10. Deletion of addition of foreign travel expenses:
The AO disallowed a portion of foreign travel expenses, questioning the business connection. The Tribunal upheld the CIT(A)'s decision to delete the addition, finding no material to controvert the CIT(A)'s finding that the travel was for business purposes.

Conclusion:
The appeals were partly allowed, with specific directions for each issue based on the facts and circumstances of the case.