2012 (8) TMI 455 - AT - Income Tax

Disallowance of expenses - salary, professional fees, compensation amount etc. - Held that - The A.O. without pointing out any specific item of disallowable nature has made disallowance of Rs. 2 lacs on estimate basis and for the balance expenses, the A.O. enhanced the same in the work-in-progress. Since the expenses have been incurred for the purpose of business expenses and genuineness of the same has not been doubted the CIT(A) was fully justified in deleting the same. The grounds taken by the Revenue are therefore rejected - in favour of assessee. Addition to the income as not incidental to development activity of the uncompleted project - receipts on account of rent, maintenance charges and sale of scrap - Held that - In the absence of any nexus in respect of rent from tenants and scrap sales of the project the ld. CIT(A) was not justified in treating the same as part of the work-in-progress thus accordingly the rent from tenants and scrap sales are to be treated as income of the year under consideration - against assessee.

Summary

Issues Involved:
1. Disallowance of expenses related to consultancy charges.
2. Treatment of certain receipts as income from other sources rather than part of work-in-progress.

Analysis:

Issue 1: Disallowance of expenses related to consultancy charges
The appellant, a builder and developer, declared income in its return but faced additions during assessment, including consultancy receipts and other income. The Assessing Officer (A.O.) disallowed expenses related to consultancy charges, estimating some and enhancing work-in-progress for the rest. The A.O. treated the consultancy receipts and other income as income from other sources. On appeal, the Commissioner of Income Tax (Appeals) [CIT(A)] deleted the disallowance, stating the genuineness of expenses was not disproved. The Income Tax Appellate Tribunal (ITAT) found the expenses were for business purposes, genuine, and allowable. The Revenue's appeal was rejected.

Issue 2: Treatment of certain receipts as income from other sources
The A.O. added certain receipts, like legal charges, rent, maintenance charges, and scrap sale proceeds, to the appellant's income, stating they were not related to work-in-progress. The appellant argued these receipts were connected to construction work and thus deducted from work-in-progress expenses. The CIT(A) agreed, considering these receipts incidental to the development activity and deleted the addition. However, the ITAT found some receipts, like rent from tenants and scrap sales, were not directly linked to work-in-progress and should be treated as income for the year. As a result, the ITAT partly allowed the Revenue's appeal, considering these specific receipts as income from other sources.

In conclusion, the ITAT upheld the CIT(A)'s decision on the first issue but partially allowed the Revenue's appeal on the second issue, treating specific receipts as income from other sources.