2015 (7) TMI 152 - AT - Income Tax

Ad-hoc disallowance of 2% of transport expenses - Held that - The disallowance has been made by raising trivial objections. It has not been disputed by the Revenue that the assessee is not maintaining books of account regularly. The accounts of the assessee are subject to audit and no material discrepancy whatsoever has been indicated by the Assessing Officer. The ad-hoc addition of 2% is made merely on surmises and conjectures. Accordingly, the same is deleted. - Decided in favour of assessee. Disallowance u/s. 40(a)(ia) r.w.s. 194C - Held that - In the facts of the present case, the ratio laid down in the case of CIT Vs. Poompuhar Shipping Corpn. Ltd. (2006 (1) TMI 60 - MADRAS High Court) is squarely applicable. Therefore, we accept the contentions of the assessee that the payments made by the assessee to the owners of the hired truck do not fall within the ambit of section 194C of the Act. Since, the payments made by the assessee to the owners of hired trucks have been held out of the scope of section 194C, the defect in Form No. 15I as pointed by lower Authorities will have no consequences. Accordingly, we direct the Assessing Officer to delete the disallowance u/s. 40(a)(ia) r.w.s. 194C of the Act.- Decided in favour of assessee.

Summary

Issues Involved:
1. Ad-hoc disallowance of 2% of transport expenses amounting to Rs. 14,39,315/-.
2. Disallowance of Rs. 2,83,27,080/- under Section 40(a)(ia) read with Section 194C of the Income Tax Act, 1961.

Issue-wise Detailed Analysis:

1. Ad-hoc Disallowance of 2% of Transport Expenses:
The assessee, a transporter operating under "M/s. Jeetsons Transport Co.," claimed transport expenses totaling Rs. 10,02,92,869/-. The Assessing Officer (AO) observed discrepancies in Form No. 15I submitted by the truck owners, such as the non-mentioning of the date of registration of vehicles and non-furnishing of registration certificates. Additionally, the AO noted that the transport expenses were not supported by documentary evidence like trip registers, purchase vouchers for diesel, and toll tax receipts, leading to an ad-hoc disallowance of 5% of the total transport expenses.

Upon appeal, the Commissioner of Income Tax (Appeals) reduced the disallowance to 2%, amounting to Rs. 14,39,315/-. The Tribunal found that the AO had not pointed out any defect in the books of account maintained by the assessee, which were subject to audit. The Tribunal observed that the disallowance was made based on trivial objections without any concrete reason. Therefore, the ad-hoc addition of 2% was deemed arbitrary and was deleted.

2. Disallowance under Section 40(a)(ia) read with Section 194C:
The AO made an addition of Rs. 2,83,27,080/- under Section 40(a)(ia) read with Section 194C due to defective Form No. 15I. The assessee contended that the payments for hiring trucks were not covered by Section 194C as there was no sub-contract with the transporters. The Tribunal examined the terms and conditions of the transportation contract and found that the responsibility and liability of transporting molasses solely lay with the assessee. The assessee used both owned and hired trucks, but the control and command over the hired trucks remained with the assessee, indicating no sub-contract.

The Tribunal referred to the judgment of the Hon'ble High Court of Madras in CIT Vs. Poompuhar Shipping Corpn. Ltd., which held that hiring ships for business purposes without a sub-contract did not attract Section 194C. Applying this ratio, the Tribunal concluded that the payments made by the assessee to the owners of the hired trucks did not fall within the ambit of Section 194C. Consequently, the defects in Form No. 15I were deemed inconsequential, and the disallowance of Rs. 2,83,27,080/- was directed to be deleted.

Conclusion:
The Tribunal allowed the appeal of the assessee, setting aside the impugned order. The disallowance of Rs. 2,83,27,080/- under Section 40(a)(ia) read with Section 194C was deleted, and the ad-hoc disallowance of 2% of transport expenses amounting to Rs. 14,39,315/- was also deleted. The order was pronounced on June 24, 2015, in Pune.