2013 (12) TMI 1054 - AT - Income Tax

Disallowance of labour charges Held that - When the assessee is undertaking labour intensive work of a huge extent, a duty is cast upon the assessee to maintain muster roll with particulars of labourers with full details and particulars of the labourers engaged by it - The only document which the assessee has produced before the Assessing Officer was muster roll - The Assessing Officer on the basis of estimation has disallowed 20 percent of the expenditure incurred towards labour charges - The assessee is engaged in civil construction activities which is labour intensive and the fact that the labour in such areas is unorganized - In the interest of justice it is appropriate to reduce the disallowance to 10 per cent Partly allowed in favour of assessee. Disallowance u/s 40A(3) Held that - Payment was made to the supervisor, who was heading the group of labourers for the disbursement of payment to them - The payment to the supervisor has not been supported by vouchers - The assessee has not been able to show the veracity of the said payments made to labourers Decided against assessee.

Summary

Issues:
1. Disallowance of expenditure towards labour charges on estimate basis.
2. Disallowance of expenditure under section 40A(3) for cash payments over Rs. 20,000.

Analysis:
The case involved an appeal by the assessee against the order of the Commissioner of Income-tax (Appeals) regarding the disallowance of expenditure towards labour charges and under section 40A(3) for cash payments. The assessee, a civil contract and land development company, claimed expenditure towards labour charges amounting to Rs. 8.12 crores for work undertaken for land development. The Assessing Officer disallowed 20% of the expenditure on estimate basis due to lack of verification of labourers' details and non-production of confirmation letters. The Tribunal noted that the assessee engaged a significant number of labourers but failed to provide confirmation letters or complete details. Considering the nature of the industry and the absence of books of account, the Tribunal reduced the disallowance to 10% in the interest of justice.

Regarding the disallowance under section 40A(3) for cash payments exceeding Rs. 20,000, the Tribunal upheld the disallowance as the assessee could not substantiate the payments made to the supervisor in cash. The absence of vouchers and evidence supporting the payments to labourers led to the dismissal of this ground of appeal. The Tribunal partly allowed the appeal by reducing the disallowance towards labour charges to 10% but upheld the disallowance under section 40A(3) due to lack of evidence supporting the cash payments.

In conclusion, the Tribunal made a nuanced decision by considering the circumstances of the case, the nature of the industry, and the lack of evidence provided by the assessee. The judgment balanced the interests of the parties by reducing the disallowance percentage while upholding the disallowance under section 40A(3) based on the legal provisions and evidence presented during the proceedings.