2013 (4) TMI 341 - AT - Income Tax

Disallowance of cash expenditure for purchase of raw material and freight charges - Provisions of section 145(3) invoked - assessee is a partnership firm engaged in building construction activities - Held that - The expenditure in question is directly connected to the project Gagan Galaxy only and the AO has not appreciated this fact by closely examining the material available before him. Further, the CIT (A) allowed the claim of the assessee after examining the nature of the expenditure and the genuineness of the expenditure. The date of 12th December 2006 ie the date of application filed by the assessee for want of Completion Certificate should not assume so much of significance so as to made disallowance of Rs 50 lakhs, when the genuineness and business connection to the Gagan Gallaxy project is established. As such the AO does not have any incriminating material in his possession to demonstrate that the impugned expenditure is incurred in connection with any other project. It is the case of wild allegation against the assessee that the said expenditure is not incurred for Gagan Gallaxy Project and such allegation should only be made when the AO has some incriminating material in his possession. Therefore, no reason to interfere with the order of the CIT (A).

Summary

Issues:
- Disallowance of expenditure made by the AO
- Disallowance of cash expenditure

Analysis:
1. The appeal by the Revenue challenged the order of CIT (A) regarding the disallowance of Rs. 50,00,000 and Rs. 2,00,000 for the assessment year 2007-2008. The AO questioned the expenditure of Rs. 63,57,839 incurred after 12.12.2006 for the project 'Gagan Galaxy'. The AO concluded that this amount was not related to the project and made a disallowance of Rs. 50 lakhs. Additionally, a disallowance of Rs. 2 lakhs was made for lack of vouchers. The AO invoked section 145(3) for non-maintenance of stock register. The assessee appealed to CIT (A) questioning the AO's conclusions and provided detailed explanations to prove the genuineness of the expenditure. CIT (A) found the AO's analysis lacking and upheld the genuineness of the claim, providing complete relief to the assessee.

2. During the proceedings, the assessee's counsel argued that the expenditure was connected to the project 'Gagan Galaxy' and criticized the AO's application of section 145(3). The counsel highlighted that expenditure continues until the project's completion, emphasizing that the date 12.12.2006 was arbitrary. The counsel presented bills to support the claim that the expenditure was for the Galaxy Project. The Tribunal reviewed the CIT (A)'s order and the arguments presented. The Tribunal noted that the expenditure was essential for the project's completion and ongoing maintenance, dismissing the Revenue's grounds for disallowance.

3. The Tribunal emphasized that the expenditure was directly linked to the Gagan Galaxy project and criticized the AO for not recognizing this connection. The Tribunal agreed with CIT (A)'s decision to allow the claim after verifying the nature and genuineness of the expenditure. The Tribunal found no substantial evidence to support the AO's disallowance and deemed it a baseless allegation. The Tribunal upheld CIT (A)'s decision, dismissing the Revenue's appeal. The disallowance of Rs. 2 lakhs was also deemed arbitrary and without merit, leading to the dismissal of the Revenue's grounds.

4. In conclusion, the Tribunal dismissed the Revenue's appeal, affirming CIT (A)'s decision to delete the disallowance of Rs. 50,00,000 and Rs. 2,00,000. The Tribunal found the AO's actions lacking in evidentiary support and upheld the genuineness of the expenditure related to the Gagan Galaxy project, ultimately ruling in favor of the assessee.