2013 (2) TMI 12 - AT - Income Tax

Admission of additional evidences - Principles of natural justice Method of accounting - Revenue opposed the said admission and mentioned that these papers were actually available with the assessee at the relevant point of time but the same were not filed for the reasons better known to the assessee - Assessee follows the mercantile system of accounting In audit report u/s 44AB assessee follows the cash system of accounting - whether the assessee follows mercantile system of accounting or not and whether the assessee received the services from Shri Dharmesh Sheth to become for such payments Held that - By considering the principles of natural justice for verifying the genuineness of these documents as well as the contents mentioned therein, these documents must be remanded to the files of AO for examination and their use in deciding the relevant issues raised In favour of assessee Disallowance u/s 40(a)(ia) TDS - Amounts payable and to the sums already paid during the financial year - Held that - Following the decision in case of Merilyn Shipping & Transports (2012 (4) TMI 290 - ITAT VISAKHAPATNAM) that payments if made by the assessee before the end of the Financial Year, the same should not be disallowed invoking the provisions of section 40(a)(ia) of the Act merely for want of not making of TDS In favour of assessee

Summary

Issues:
1. Disallowance of professional fee paid
2. Method of accounting adopted by the appellant
3. Double taxation on professional fees
4. Disallowance of outstanding expenses
5. Disallowance under section 40(a)(ia)
6. Disallowance under section 14A
7. Charging of interest under sections 234A and 234B

Issue 1: Disallowance of Professional Fee Paid
The appeal challenged the disallowance of professional fees paid to a specific individual. The appellant argued that the CIT (A) erred in confirming the disallowance, claiming the appellant followed a mercantile system of accounting. The appellant also highlighted the lack of justification for the disallowance. The issue centered on the method of accounting adopted by the appellant and whether the professional fees were justified.

Issue 2: Method of Accounting Adopted
The dispute revolved around the method of accounting followed by the appellant. The appellant claimed to follow a mercantile system of accounting, contrary to the CIT (A)'s findings of a cash system. Discrepancies between the books and audit reports were noted, leading to the need for additional evidence to ascertain the correct method of accounting. The admission of additional evidence was deemed necessary for a thorough examination of the issue.

Issue 3: Double Taxation on Professional Fees
Concerns were raised regarding the addition of professional fees leading to potential double taxation. The CIT (A) did not adequately address these grounds, prompting the issue to be remanded for proper adjudication. The matter was set aside for further examination to avoid double taxation.

Issue 4: Disallowance of Outstanding Expenses
The disallowance of outstanding expenses was linked to the method of accounting followed by the appellant. As the primary issue of the method of accounting was set aside for reevaluation, the decision on outstanding expenses was also remanded for consistency and a fresh adjudication.

Issue 5: Disallowance under Section 40(a)(ia)
The disallowance under this section was challenged by the appellant, citing a Special Bench decision to support their claim. The absence of TDS certificates led to the disallowance, but the appellant argued that the payments were subject to TDS. The claim was allowed based on the interpretation of the relevant provisions.

Issue 6: Disallowance under Section 14A
The appellant contested the disallowance under this section, seeking a fresh decision based on a specific judgment. The issue was set aside for a new determination in light of the referenced court ruling.

Issue 7: Charging of Interest under Sections 234A and 234B
The issue of interest under these sections was considered consequential to the other grounds raised. The appeal being partly allowed, the decision on charging interest was intertwined with the resolution of the other issues.

In conclusion, the judgment addressed various contentious issues related to the disallowance of expenses, method of accounting, potential double taxation, and interest charges. The need for additional evidence, remand for fresh adjudication, and reliance on legal precedents shaped the outcome of the appeal, resulting in a partial allowance in favor of the appellant.