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2012 (5) TMI 734 - AT - Income TaxDisallowances of expenses on wages petrol hire charges etc. - non deduction of tds - Held that - Provisions of Section 40(a)(ia) of the Act are applicable only to the amount of expenditure which is payable as on 31st March of every year and cannot be invoked to disallow the expenditure which had been actually paid during the previous year without deduction of TDS. In the present case also there is no outstanding payment as on 31-03-2008 as the entire payment has already been paid during the year under consideration. Therefore no disallowance can be made u/s 40(a)(ia) of the Act. Addition u/s 40A(3) - Held that - If the profit of the assessee has been estimated by applying net profit rate than no separate disallowance can be made on account of any expenditure claimed under profit and loss account. In the present case we have already held that the ld. CIT(A) was correct in applying the net profit rate. Therefore no separate disallowance u/s 40A(3) can be made. In view of these facts and circumstances of the case we hold that the ld. CIT(A) was justified in deleting this addition also.
Issues Involved:
1. Restriction of various disallowances of expenses. 2. Deletion of addition made under Section 40(a)(ia) of the Income Tax Act. 3. Deletion of addition made under Section 40A(3) of the Income Tax Act. Issue-wise Detailed Analysis: 1. Restriction of Various Disallowances of Expenses: The Revenue appealed against the restriction of various disallowances of expenses on wages, petrol hire charges, etc., totaling Rs. 2,27,66,258/- to Rs. 31,22,932/-. The Assessing Officer (AO) initially made a total addition of Rs. 3,09,63,950/- on account of various disallowances. The AO noted several defects in the assessee's books of accounts, such as non-maintenance of regular books and stock register, and lack of proper evidence or vouchers for various expenses. The AO made disallowances under sections 40a(ia), 40A(3), and section 69 of the Income Tax Act for various expenses like freight, job work, hire charges, fuel and petrol charges, repair and maintenance, legal fees, wages, and outstanding wages. The assessee argued that the AO implicitly rejected the books of accounts and should have applied a composite net profit rate instead of making separate additions. The CIT(A), following the Tribunal's decision in the assessee's own case for previous years, directed the AO to apply a net profit rate of 11.5% (subject to depreciation, interest, and remuneration to partners) instead of making separate disallowances. The Tribunal upheld the CIT(A)'s decision, noting that the AO should have applied the net profit rate as per past history after rejecting the books of accounts. 2. Deletion of Addition Made Under Section 40(a)(ia): The AO made an addition of Rs. 73,27,214/- under Section 40(a)(ia) for non-compliance with Section 194C regarding payments to sub-contractors. The CIT(A) deleted this addition, citing the Tribunal's decision in "Jaipur Vidyut Nigam Ltd. Vs. DCIT," which held that Section 40(a)(ia) applies only to amounts payable as on the last date of the financial year and not to amounts already paid. The Tribunal affirmed the CIT(A)'s decision, referencing the Special Bench decision in "Merilyn Shipping & Transports vs. Addl CIT," which supported the CIT(A)'s interpretation. 3. Deletion of Addition Made Under Section 40A(3): The AO made an addition of Rs. 5,54,284/- under Section 40A(3) for payments exceeding the prescribed limit made in cash. The CIT(A) deleted this addition, relying on the Allahabad High Court's decision in "Banwari Lal Banshidhar," which held that when income is computed by applying a net profit rate, no separate disallowance under Section 40A(3) is warranted. The Tribunal upheld the CIT(A)'s decision, agreeing that no separate disallowance can be made when the net profit rate is applied. Conclusion: The Tribunal dismissed the Revenue's appeal, affirming the CIT(A)'s decisions on all issues. The Tribunal upheld the application of a net profit rate of 11.5% instead of separate disallowances, the deletion of addition under Section 40(a)(ia) for amounts already paid, and the deletion of addition under Section 40A(3) when the net profit rate is applied.
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