2015 (10) TMI 1497 - AT - Income Tax

Addition of various expenses like cargo, brokerage and commission, business promotion, insurance and legal expenses, etc. - CIT(A) deleted the addition in part - Held that - Both the A.O. and the Ld. CIT(A) have not stated that the expenses are not genuine and there is no allegation as to any cash receipts. All receipts are through proper banking channels. The accounts are audited the method of accounting certified as proper as per Accounting Standard. The only point of consideration is whether while interpreting the clauses of agreement it should be taken as All the expenses and not only those expenses as per the manifest. The very fact that the entire expenses have not been claimed by the assessee would show that the assessee has gone by the terms of the agreement and claimed as reimbursement only expenses of ₹ 10830728/ . With respect to all other expenses which the assessee has to bear it by himself, we are of the opinion that they are business expenses which would be necessary in the course of the business and therefore revenue in nature and is allowable - Decided in favour of assessee.

Summary

Issues:
1. Deletion of addition of various expenses like cargo, brokerage, commission, business promotion, insurance, and legal expenses.

Analysis:
The appeal filed by the Revenue was directed against the order passed by the Commissioner (Appeals)-9, Mumbai, for the assessment year 2009-10. The main issue raised was whether the deletion of the addition of Rs. 39,06,006 out of various expenses like cargo, brokerage, commission, business promotion, insurance, and legal expenses was justified. The Counsel argued that the issue was covered by an earlier Tribunal order and was upheld by the High Court for previous assessment years. The Assessing Officer for the subsequent assessment year also accepted the claim of the assessee. The Departmental Representative did not contest these submissions. The Tribunal found that the issue was in favor of the assessee based on the previous Tribunal decision, the High Court's approval, and the Assessing Officer's acceptance for the subsequent year.

The Tribunal referred to the previous Tribunal order dated 15th July 2011, where it was noted that the assessee had been following a consistent Method of Accounting, and the expenses were fixed as per the manifest signed between the parties. It was observed that all supporting vouchers were produced, and no income was estimated, indicating that the accounts were accepted. The Tribunal further highlighted that there were no allegations of non-genuineness or cash receipts, and all transactions were through proper banking channels. The Tribunal concluded that the expenses claimed were reimbursement only for specific expenses as per the manifest, and other expenses borne by the assessee were necessary business expenses and hence allowable.

Additionally, the Tribunal cited the observations of the Hon'ble Bombay High Court in a decision dated 19th March 2014, where it was stated that the expenses were fixed as per the manifest signed between the parties, and only such expenses incurred and supported by documents were claimed for reimbursement. The High Court found that the appeal did not raise any substantial question of law and dismissed it. Consequently, the Tribunal upheld the deletion of the addition of various expenses like cargo, brokerage, commission, business promotion, insurance, and legal expenses in favor of the assessee based on the previous Tribunal decision, High Court approval, and the Assessing Officer's acceptance for the subsequent assessment year.

In conclusion, the Tribunal dismissed the appeal filed by the Revenue, emphasizing that the issue was already settled in favor of the assessee based on previous decisions and the Assessing Officer's actions in subsequent assessment years. The order was pronounced in the open court on 7th May 2015.