2011 (5) TMI 510 - HC - Income Tax

Excess wastage of newspaper disallowed - Held that - Since, CIT(A) itself observed that, the assessee has maintained quantitative records wherein full details of newsprint purchased and used are given & assessee has also explained the reason for excessive wastage before the AO who however, without rejecting the contentions of the assessee, relied on the report of the Registrar of Newspaper of India, called for by him u/s 133(6) - The CIT(A), though accepted that assessee had maintained quantitative records of wastage etc., applied the wastage rate of 7 per cent - Hence, accept the contention of the assessee that the Register of Newspaper of India is a authority, entrusted with the job of allotment of quota of foreign newsprint and the factors - Thus, the CIT(A) was not justified in disturbing the book results shown by the assessee - In favour of assessee. Allowance of expenditure - additional ground - Held that - In the light of the Tribunal s order in assessee s own case for assessment year 1995-96, a copy of which has been placed on record, accept the assessee s contention and direct the Assessing Officer to allow the claim of the assessee in the year in which the expenditure has been incurred - Since both the assessment years were stated to be pending, the CIT(A) was not correct in rejecting this additional ground - The CIT(A) has only set aside the matter to the file of Assessing Officer with the direction to verify the details.

Summary

Issues:
1. Dispute over excessive wastage of newspaper in the assessment year 1994-95.
2. Appeal against the order of the Commissioner of Income-tax (Appellate) regarding the allowance of expenditure of Rs. 2,15,62,950.

Analysis:
1. The first issue revolves around the dispute concerning the excessive wastage of newspaper in the assessment year 1994-95. The Assessing Officer made an addition of Rs. 65,41,984 on account of excess wastage of newspaper, which was challenged by the assessee. The Commissioner of Income-tax (Appellate) partially allowed the appeal, limiting the addition to Rs. 33,79,167. However, the Tribunal, in the impugned order, allowed the entire claim of wastage, thereby deleting the addition made by the Assessing Officer. The Tribunal emphasized that the assessee maintained quantitative records and provided explanations for the wastage. It rejected the reliance on the report of the Registrar of Newspapers and concluded that the CIT(A) was unjustified in disturbing the book results shown by the assessee. The High Court upheld the Tribunal's decision, stating that the standard wastage rate prescribed by the Registrar of Newspapers may not be applicable in all cases, and there was no perversity or illegality in the Tribunal's order.

2. The second issue pertains to the allowance of expenditure of Rs. 2,15,62,950, which was a subject of an additional ground raised by the assessee before the CIT(A). The CIT(A) allowed this expenditure, which was challenged by the revenue. The Tribunal, considering the Tribunal's order in a previous case and the pendency of assessment years, directed the Assessing Officer to allow the claim of the assessee in the year the expenditure was incurred. The Tribunal clarified that the CIT(A) had only set aside the matter for verification by the Assessing Officer and found no reason to interfere with the decision. The High Court affirmed this aspect of the Tribunal's order, leading to the dismissal of both appeals.

In conclusion, the High Court upheld the Tribunal's decision to delete the addition of excessive wastage of newspaper and to allow the expenditure claimed by the assessee. The judgment emphasizes the importance of maintaining accurate records and providing justifications for expenses, highlighting the need for a case-specific approach rather than a blanket application of standard rates or practices.