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2009 (12) TMI 574 - AT - Income TaxBusiness Expenditure - payments to truck owner/operator - AO without any basis and evidence clubbed payment, treating payment exceeding Rs. 20,000 - AO applied provisions of s. 40(a)(ia) - AO has not considered provisions for filing 15-J and has not given lime to file 15-J - non-production of Form No. 15-I cannot be taken as blunder committed by the assessee and burdening the assessee for heavy taxable income - other issue being payments exceeding Rs. 20,000 made during period under consideration, contention of the assessee is found that the AO has clubbed more than one payments thereby finding the same exceeding Rs. 20,000 prescribed under the Act - whether single payment exceeds Rs. 20,000 or not Matter remanded to AO for de novo consideration
Issues: Disallowance of payments to truck owner/operator; Application of section 40(a)(ia); Non-consideration of Form 15-J; Assessment of total income; Principles of natural justice.
Analysis: 1. Disallowance of payments to truck owner/operator: The appeal was filed by the assessee against the order of the CIT(A) disallowing payments made to the truck owner/operator. The assessee argued that the Department did not give proper opportunity to produce Form No. 15-I, which led to the disallowance. The Department contended that similar additions were upheld by the High Court for the preceding year. The Tribunal noted that the assessee claimed to have collected Form No. 15-I but failed to produce them. The Tribunal directed the AO to re-examine the issue, giving the assessee a reasonable opportunity to produce the required forms, ensuring principles of natural justice are followed. 2. Application of section 40(a)(ia): The assessee contended that the AO wrongly applied the provisions of section 40(a)(ia). The Tribunal observed that the AO had clubbed payments made by two parties, incorrectly finding them to exceed Rs. 20,000. The Tribunal directed the AO to re-examine this issue, ensuring that only payments exceeding Rs. 20,000 are considered as per the Act. The matter was restored to the AO for de novo consideration, adhering to the principles of natural justice. 3. Non-consideration of Form 15-J: The assessee argued that the AO did not consider the provisions for filing Form 15-J and did not allow time for it. The Tribunal did not provide a specific ruling on this issue in its analysis. 4. Assessment of total income: The assessee filed a return of income, but the AO assessed the total income at a higher amount. The Tribunal did not find this assessment in line with the principles of natural justice but did not provide a detailed analysis or ruling on this issue. 5. Principles of natural justice: Throughout the analysis, the Tribunal emphasized the importance of following the principles of natural justice in re-examining the issues related to disallowance of payments and the application of section 40(a)(ia). The Tribunal directed the AO to give the assessee a reasonable opportunity to present the necessary evidence and to pass consequential orders as per law, strictly following the principles of natural justice. In conclusion, the appeal of the assessee was allowed for statistical purposes only, with the Tribunal restoring the matter to the AO for de novo consideration on the issues of disallowance of payments to truck owner/operators and the incorrect application of section 40(a)(ia), emphasizing the need to adhere to the principles of natural justice in the assessment process.
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