2009 (12) TMI 963 - AT - Income Tax

Summary

Issues Involved:
1. Deletion of addition on account of operational receipts/expenses.
2. Deletion of addition on account of vehicle maintenance expenses.
3. Deletion of addition on account of business promotion expenses.
4. Deletion of addition on account of rebate and discount.

Summary:

1. Deletion of addition on account of operational receipts/expenses:
The Revenue challenged the deletion of Rs. 13,88,866/- made by the Assessing Officer (AO) on account of operational receipts/expenses. The AO had disallowed the expenditure citing that the assessee failed to establish the genuineness of operational expenses. The CIT(A) observed that the AO invoked the provisions of Section 145 of the Income Tax Act based on presumption without any material evidence. The CIT(A) noted that the operational expenses were genuinely and accurately arrived at as per the agreement with Siti Cable Network Ltd. and that the AO did not find any defect in the books of account or the bills and vouchers maintained by the assessee. The Tribunal upheld the CIT(A)'s decision, noting no infirmity in the detailed findings recorded by the CIT(A).

2. Deletion of addition on account of vehicle maintenance expenses:
The AO disallowed Rs. 32,444/- out of the total vehicle maintenance expenses of Rs. 1,60,866/- without pinpointing any specific expenditure not incurred for business purposes. The CIT(A) deleted the disallowance, and the Tribunal upheld this decision, referencing the Hon'ble Gujarat High Court's ruling in Sayaji Iron & Engineering Co.Ltd. - 121 Taxman 43, which held that no disallowance can be made for personal element involvement in the case of a corporate entity.

3. Deletion of addition on account of business promotion expenses:
The AO made an ad-hoc disallowance of Rs. 11,097/- out of the total business promotion expenses of Rs. 55,484/-, without pointing out any specific expenditure incurred for non-business purposes. The CIT(A) deleted the disallowance, observing that the AO did not point out any defect in the evidences/vouchers produced. The Tribunal found no reason to interfere with the CIT(A)'s order.

4. Deletion of addition on account of rebate and discount:
The AO disallowed Rs. 2,73,680/- claimed by the assessee on account of rebate and discount, stating that the assessee did not furnish any basis for such a claim. The CIT(A) deleted the disallowance, noting that the expenses were transparent and detailed in the audited accounts, and the AO did not point out any defect or deficiency. The Tribunal upheld the CIT(A)'s decision, finding no reason to interfere.

Conclusion:
The Tribunal dismissed the Revenue's appeal, upholding the CIT(A)'s deletion of the additions made by the AO on account of operational receipts/expenses, vehicle maintenance expenses, business promotion expenses, and rebate and discount. The decision was pronounced in the open Court on 31st December, 2009.