2013 (8) TMI 284 - AT - Income Tax

Addition of bogus claim of consultancy charges payments - unsubstantiated payments of software development charges - repair & maintenance expenses incurred on the residence of Director - CIT(A) has restricted the additions - Held that - The assessee has produced all proof that was necessary to support its contentions. It is rather the AO who has no proof or support in respect of his contentions in terms of the authorities as explained and stated hereinabove. The survey statement was inadmissible as evidence in the light of the decision of the supreme authorities on the point - during the subsistence of the consultancy agreement, the appellant company did not receive any complaint from M/s. LMZ Energy (India) Ltd. regarding the services provided by M/s. T & G Quality Management Consultants Pvt. Ltd. It may not be out of place to mention here that the appellant company received part consultancy fee from M/s. LMZ Energy (India) Ltd during the year under consideration. The documentary evidence were filed during the course of assessment proceedings to prove the genuineness of the transaction between the appellant company and M/s. T & G Quality Management Consultants Pvt. Ltd - CIT(A) has passed a well reasoned and elaborate order for both the years considering each and every aspect of the matters in detail and the basis and reasoning as given by Ld. CIT(A) are found to be just and appropriate. In the absence of any contrary material having been placed on record, there is no reason to interfere with order s of CIT - Decided against Revenue.

Issues Involved:
1. Restriction of addition on account of bogus consultancy charges.
2. Deletion of addition on account of unsubstantiated software development charges.
3. Deletion of addition on account of personal expenses of a director.
4. Restriction of disallowance on account of repair and maintenance expenses.

Detailed Analysis:

1. Restriction of Addition on Account of Bogus Consultancy Charges:
The department contested the CIT(A)'s decision to restrict the addition of Rs. 1 Crore to Rs. 50 Lakhs for bogus consultancy charges paid to M/s T&G Quality Management Consultants Ltd., managed by an admitted entry provider, Sh. S.K. Gupta. The CIT(A) concluded that the consultancy services were rendered based on the evidence provided, including consultancy agreements, invoices, and confirmations from T&G Quality Management Consultants Pvt. Ltd. The department argued that no documentary evidence was available to substantiate the consultancy services, and the bills were accommodation bills. The CIT(A) relied on retracted statements from Sh. S.K. Gupta and Sh. M.D. Gupta, who claimed the statements were made under duress. The tribunal upheld the CIT(A)'s decision, finding no reason to interfere with the well-reasoned order.

2. Deletion of Addition on Account of Unsubstantiated Software Development Charges:
The department challenged the CIT(A)'s deletion of Rs. 5,25,000/- added by the AO for software development charges paid to M/s Hi Tech Computech (P) Ltd., another company managed by Sh. S.K. Gupta. The CIT(A) found that the services were rendered and supported by documentary evidence, including agreements and invoices. The department argued that no substantial evidence other than bills was found to support the services. The tribunal upheld the CIT(A)'s decision, noting that the CIT(A) had thoroughly examined the evidence and found it satisfactory.

3. Deletion of Addition on Account of Personal Expenses of a Director:
The department objected to the CIT(A)'s deletion of Rs. 10 Lakhs added by the AO for personal expenses of Sh. Siddharth Sikka, Director of the assessee company. The AO found that the expenses were made through credit cards for items like stationery, clothing, and hotel stays, which were not justified as business expenses. The CIT(A) concluded that the expenses were business-related and adequately supported by evidence. The tribunal upheld the CIT(A)'s decision, finding no basis to question the CIT(A)'s thorough evaluation of the evidence.

4. Restriction of Disallowance on Account of Repair and Maintenance Expenses:
The department contested the CIT(A)'s decision to restrict the disallowance of Rs. 20 Lakhs to Rs. 10 Lakhs for repair and maintenance expenses incurred on the residence of the Director. The AO had disallowed the expenses, considering them personal in nature. The CIT(A) found that part of the expenses was business-related and provided a reasonable basis for restricting the disallowance. The tribunal upheld the CIT(A)'s decision, agreeing with the CIT(A)'s reasoning and evaluation of the evidence.

Conclusion:
The tribunal dismissed both appeals of the department, upholding the CIT(A)'s detailed and well-reasoned orders for the assessment years 2005-06 and 2006-07. The CIT(A)'s decisions on restricting and deleting various additions were found to be justified based on the evidence provided and the retracted statements of key individuals. The tribunal saw no reason to interfere with the CIT(A)'s comprehensive evaluation of the matters.

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