2013 (5) TMI 715 - AT - Income Tax

Disallowance of wages paid to labour - CIT(A) dissatisfied with the quality of the vouchers maintained and furnished by assessee - AO adopted disallowance as 8% confirmed by CIT(A) by holding that such an addition will bring the NP to the level of 5%, which is reasonable one and which is close to the NP for the AY 2006-07 - Held that - AO examined the quality of the self-made vouchers issued by the mukadams and noted that the same contains the name of the mukadams and the measurements particulars and the number of days and the amounts, TDS particulars, the signature of the mukadams, also the name of the employee of the company to prepare the vouchers etc. Further, the said vouchers are cash vouchers, no addresses of the mukadams is given, no IT particulars mentioned, no PAN number are details is given and the basic details regarding the addresses of the mukadams for facilitate issue of notices for conducting queries if any were not available. It is also the fact that there is fall in the GP Rs. 5.75% and NP Rs. 4.03% no specific reasons are mentioned for the said fall. It is also noted that labour expenses amount substantially with compare to the some debits for the AY 2006-07. These facts indicate that all is not well with this account. It is also undisputed fact that the AO has not justified for adopting 8% for making disallowances. In these circumstances, there is a need for some disallowances in these account therefore making disallowance of Rs 2 lakhs must meet the ends of the justice. Accordingly Assessee ground no.1 is allowed in part.

Summary

Issues:
1. Disallowance of wages paid to labor
2. Recomputation of disallowance under section 14A of the Income-tax Act, 1961

Issue 1: Disallowance of wages paid to labor

The Assessee appealed against the order of the CIT(A) disallowing a sum of Rs. 10,08,620/- being wages paid to labor. The AO had made the addition of Rs. 10,08,620/-, being 8% of the total expenses claimed under the head labor charges expenses. The vouchers submitted lacked details of the employees who rendered services, addresses of the employees, work sites, and contract particulars. The AO estimated 8% of the claim under the Labor Charges Account due to deficiencies in the vouchers. The CIT(A) sustained the addition, noting a fall in the net profit rate from the previous assessment years. The Assessee contended that the labor charges were reasonable compared to previous years and the net profit rate was justifiable. However, the CIT(A) confirmed the addition, stating the drop in net profit rate was unjustified. The Tribunal observed deficiencies in the vouchers, lack of details, and discrepancies in labor expenses compared to previous years. They concluded that some disallowance was necessary but found the 8% adoption without basis improper. The Tribunal allowed the Assessee's appeal in part, making a disallowance of Rs. 2 lakhs to meet the ends of justice.

Issue 2: Recomputation of disallowance under section 14A of the Income-tax Act, 1961

The CIT(A) directed the Assessing Officer to recompute the disallowance under section 14A of the Act based on a reasonable method, citing a jurisdictional High Court judgment. The Assessee, however, accepted the addition made by the AO under section 14A. The Tribunal noted that the Assessee's objection to the CIT(A)'s direction was an academic exercise since the addition had been accepted. Consequently, the Tribunal dismissed the grounds related to the disallowance under section 14A as academic. The Assessee's appeal on this issue was not further adjudicated upon due to the acceptance of the addition.

In conclusion, the Tribunal partially allowed the Assessee's appeal concerning the disallowance of wages paid to labor, making a disallowance of Rs. 2 lakhs. The issue of recomputation of disallowance under section 14A was dismissed as academic since the Assessee had accepted the addition made by the AO.