1984 (2) TMI 5 - HC - Income Tax

Summary

Issues involved:
1. Disallowance under section 40A(3) of the Income-tax Act
2. Disallowance of motor car expenses
3. Addition of income on account of on money for out-of-turn supplies

Disallowance under section 40A(3) of the Income-tax Act:
The assessee, a partnership firm, faced disallowance of Rs. 24,110 under section 40A(3) for certain purchases made on cash payments exceeding Rs. 2,500. The Income-tax Officer found irregularities in the cash payments, disallowing a portion of motor car expenses as well. The Commissioner of Income-tax (Appeals) allowed some purchases made on a bank holiday but disallowed the rest due to lack of evidence supporting exceptional circumstances. The Tribunal upheld the disallowance, noting that bills were split to avoid the section's requirements. The High Court held that no question of law arose as the finding was based on facts.

Disallowance of motor car expenses:
The Tribunal upheld the disallowance of Rs. 15,621 in motor car expenses, stating that the car was used for personal purposes of the partners. The assessee failed to provide evidence to counter this finding, leading to no legal question arising from this pure finding of fact.

Addition of income on account of on money for out-of-turn supplies:
The Tribunal reversed the Commissioner's deletion of Rs. 50,000 income attributed to on money for out-of-turn supplies of Tata Mercedez Benz chassis. The Income-tax Officer found malpractices in the assessee's dealings, supported by evidence produced before the Tribunal. The High Court agreed with the Tribunal's decision, emphasizing the need for the assessee to explain irregularities in sales and out-of-turn deliveries. The Tribunal's directions for further examination did not raise any legal questions.

In conclusion, the High Court refused to answer the questions posed by the Tribunal, as no legal issues were found in the case presented.