2015 (9) TMI 69 - AT - Income Tax

Disallowance u/s 40A (3) - Held that - Section 40A(3) of the Act has been wrongly invoked as admittedly no expenses relatable to the addition has been claimed and the assessee has not claimed any expenses relatable to addition & the payments were not claimed as expenditure as is noted by AO - Decided in favour of assessee. Addition on on account of interest on Post Dated Cheques alleged to have been paid outside the books of accounts - CIT(A) deleted the addition - Held that - The date of issue of cheques and date of encashments of PDCs is mentioned by AO himself and we find that the cheques were encashed within a period of six months and therefore respectfully following the Tribunal order in Westland Developers case 2014 (12) TMI 254 - ITAT DELHI we dismiss the ground of revenue.

Summary

Issues involved:
1. Disallowance of additional payments for land purchase and u/s 40A(3) of the Act.
2. Disallowance of interest on Post Dated Cheques (PDCs).

Detailed analysis:
1. The appeals were filed by the assessee and revenue against the order of Ld. CIT(A) dated 22.1.2013. The assessee withdrew certain grounds of appeal during the hearing. The issues remaining were additional payments made by the assessee for land purchase and disallowance u/s 40A(3) of the Act. The Ld. AR argued that similar issues in other group companies were decided in favor of the assessee by the Tribunal. The Tribunal held that Section 40A(3) was wrongly invoked as no expenses were claimed, and payments were reimbursement. The Tribunal allowed ground No. 5 of the assessee's appeal based on this reasoning.

2. Regarding the additional payments made for land purchase, the Tribunal noted that similar issues were raised by the revenue, which were decided in favor of the assessee in another case. The Tribunal found that the issues raised by the revenue were also covered in favor of the assessee based on previous Tribunal orders. Therefore, the appeal filed by the assessee was partly allowed.

3. Moving to the appeal filed by the revenue, the issues were related to the disallowance of interest on PDCs and additional payments made by the assessee. The Tribunal found that both these issues were covered in favor of the assessee by previous Tribunal orders. The Tribunal dismissed ground No. 2 of the revenue's appeal based on the similarity of facts and circumstances with previous cases.

4. The Tribunal further discussed the issue of interest on PDCs, where the AO had made an addition which was later deleted by the CIT(A). The Tribunal found that the cheques were encashed within six months, leading to the deletion of the entire addition. This decision was consistent with previous Tribunal orders in similar cases, resulting in the dismissal of ground No. 1 of the revenue's appeal.

5. In conclusion, the appeal of the assessee was partly allowed, while the appeal of the revenue was dismissed based on the findings and precedents established in previous Tribunal orders. The Tribunal pronounced the order on 24th August, 2015.