2014 (6) TMI 599 - AT - Income Tax

Addition of unaccounted receipt Held that - Assessee is engaged in the business of securities services and he has claimed expenses against the receipt on account of salary expenses, conveyance expenses, petrol expense banking expenses and tea expenses - CIT(A) has given relief to the assessee to extent of salary expenses subject to verification by AO - The other expenses are nothing but incidental expenses in the line of business in which assessee is engaged i.e. security services and since expenses are reasonable when compared to the total receipts, deserve to be allowed the order of the CIT(A) is set aside Decided in favour of Assessee. Addition of unexplained credit entries in books of account Held that - CIT(A) gave relief to the assessee to the extent of Rs. 15,000/- subject to verification of the confirmatory letter of the creditor Mr. Rajesh Joshi and confirmed the balance addition of Rs. 85,000/- for want of evidence in this respect - no evidence has been brought on record in this respect, thus, there was no need to interfere with the order passed by CIT(A) Decided against Assesse.

Summary

Issues:
1. Addition of unaccounted income as expenses.
2. Addition of unexplained cash credit.

Analysis:

Issue 1: Addition of unaccounted income as expenses
The assessee's appeal challenged the order confirming additions made by the Assessing Officer (AO) in the order dated 18.02.2008. The AO added Rs. 8,80,249 as unaccounted income, which the assessee claimed as expenses amounting to Rs. 7,56,458. The assessee, engaged in security services, declared total income of Rs. 1,35,460. The AO rejected the explanation as the assessee failed to provide supporting details or vouchers for the claimed expenses. The First Appellate Authority directed verification of salary expenses but disallowed the balance expenses of Rs. 78,520. The ITAT held that the expenses claimed were reasonable and incidental to the business of security services. Considering the nature of the business and the reasonableness of expenses in comparison to total receipts, the ITAT deleted the addition made by the AO and upheld by the CIT(A).

Issue 2: Addition of unexplained cash credit
The second ground of appeal related to the addition of Rs. 1,00,000 on account of unexplained credit entries in the books of account. The assessee explained initial credits in the capital account, including savings and a loan from Mr. Rajesh Joshi. The CIT(A) allowed relief of Rs. 15,000 subject to verification of the loan confirmation but confirmed the balance addition of Rs. 85,000 due to lack of evidence. As no additional evidence was presented during the appeal, the ITAT upheld the CIT(A)'s decision. The second ground of the assessee's appeal was dismissed, and the ITAT partly allowed the appeal.

In conclusion, the ITAT ruled in favor of the assessee regarding the addition of unaccounted income as expenses, finding the expenses reasonable and allowable. However, the addition of unexplained cash credit was upheld due to insufficient evidence provided by the assessee. The appeal was partly allowed by the ITAT, maintaining the CIT(A)'s decision on the second issue while overturning the addition of unaccounted income as expenses.