2014 (2) TMI 984 - AT - Income Tax

Disallowance of expenditure U/s 37 read with Section 40A(3) - Cash payment - disallowance to lower percentage site development and construction Held that - The decision in M/s. Lahari Homes, Hyderabad 2014 (2) TMI 596 - ITAT HYDERABAD followed - CIT(A) directed the the assessing officer to exclude the cheque payments out of the disallowance and with regard to balance payments, to restrict the disallowance to 15% of cash payments made on account of such items of expenditure which have been considered by the Assessing Officer. In the absence of any material to contradict the findings of the CIT(A) brought on record by the Revenue there was no infirmity in the impugned order of the CIT(A) Decided in favour of Revenue.

Summary

Issues:
1. Disallowance of expenditure claimed by the assessee for site development and construction.
2. Validity of the CIT(A)'s decision to restrict the disallowance to a lower percentage.
3. Legality of remitting the issue back to the Assessing Officer with certain directions.

Issue 1: Disallowance of Expenditure
The case involved the disallowance of expenses claimed by the assessee for site development and construction. The Assessing Officer disallowed a portion of the expenses due to lack of verifiable evidence, as most expenses were paid in cash from unorganized sectors. The CIT(A) initially dismissed the appeal for non-payment of admitted taxes but was later directed by the Tribunal to re-decide the matter on merits. Following the Tribunal's directions for other assessment years, the CIT(A) directed the Assessing Officer to exclude payments made by cheque from disallowance and restrict the disallowance to 15% of cash payments for the remaining expenses. The Tribunal found no fault in the CIT(A)'s order and directed the Assessing Officer to comply with the Tribunal's directions for re-quantification.

Issue 2: CIT(A)'s Decision on Disallowance Percentage
The Revenue challenged the CIT(A)'s decision to restrict the disallowance to a lower percentage. The Tribunal noted that the issue was previously addressed in the assessee's own case for other assessment years where it was held that the disallowance should be limited to 15% of cash payments. The Tribunal found the CIT(A)'s decision consistent with previous orders and directed the Assessing Officer to adhere to the Tribunal's directions for re-quantification.

Issue 3: Remitting the Issue Back to the Assessing Officer
The third issue pertained to the legality of remitting the matter back to the Assessing Officer with specific directions. The Tribunal upheld the CIT(A)'s decision to re-decide the appeal on merits after condoning the delay in filing the appeal. The Tribunal directed the Assessing Officer to exclude cheque payments from disallowance and restrict the disallowance to 15% of cash payments, in line with previous orders for other assessment years. The Tribunal allowed the Revenue's appeal for statistical purposes, emphasizing compliance with its directions for re-quantification.

In conclusion, the judgment addressed the disallowance of expenses for site development and construction, upheld the CIT(A)'s decision to restrict the disallowance percentage, and affirmed the legality of remitting the issue back to the Assessing Officer with specific directions for re-quantification.