2009 (11) TMI 924 - AT - Income Tax

Summary

Issues involved:
The judgment involves issues related to the deletion of addition of site expenses, cessation of liability u/s 41(1) of the Income-tax Act, late deposit of employees' contribution towards PF & ESI, disallowance of telephone expenses, and disallowance out of vehicle running and maintenance expenses.

Deletion of Addition of Site Expenses:
The Revenue appealed against the deletion of an addition of Rs. 5,72,091 made by the Assessing Officer on account of site expenses. The Commissioner of Income-tax (Appeals) referred to Tribunal decisions in the assessee's own case for previous years and deleted the disallowance. The Tribunal found no reason to interfere with the Commissioner's order as the facts were identical to previous years. The ground of the Revenue was rejected.

Cessation of Liability u/s 41(1) of the Income-tax Act:
The Revenue challenged the deletion of an addition of Rs. 1,08,992 made by the Assessing Officer on account of cessation of liability u/s 41(1). The Commissioner of Income-tax (Appeals) relied on a judgment of the Hon'ble Apex Court and held in favor of the assessee. The Tribunal agreed that the liability had not ceased to exist and decided the issue in favor of the assessee. The ground of the Revenue was rejected.

Late Deposit of Employees' Contribution towards PF & ESI:
The Revenue disputed the deletion of an addition of Rs. 1,17,500 made by the Assessing Officer on account of late deposit of employees' contribution towards PF & ESI. The Commissioner of Income-tax (Appeals) followed previous Tribunal decisions and held in favor of the assessee. The Tribunal, based on precedence, decided this issue in favor of the assessee. The ground of the Revenue was rejected.

Disallowance of Telephone Expenses and Vehicle Running Expenses:
The Revenue contested the deletion of additions of Rs. 3,60,887 and Rs. 2,63,040 made by the Assessing Officer on account of disallowance of telephone expenses and vehicle running expenses. The Commissioner of Income-tax (Appeals) deleted both disallowances based on Tribunal decisions in the assessee's own case for previous years. The Tribunal found no difference in facts from previous years and decided both issues in favor of the assessee. The grounds of the Revenue were rejected.

In conclusion, the appeal of the Revenue was dismissed by the Tribunal on all grounds.