2015 (10) TMI 1860 - AT - Income Tax

Disallowance of establishment expenses - Held that - We find that considering the high turn over of the assessee at ₹ 2.33 crores of this year as against ₹ 2.23 crores in the immediately preceding year and the fall in the income from operation being nominal, with which the assessee has submitted the detailed reasoning, we hold that there was no justification for making disallowance out of establishment expenses on adhoc basis without pointing out any defect in the books of account of the assessee and the CIT(A) was not justified in sustaining the same - Decided in favour of assessee. Disallowance out of interest on account of no deduction of TDS - Held that - Issue is covered in favour of the assessee with the decision of Delhi Tribunal in M/s. Malhotra Cables Pvt. Ltd. vs. ITO 2015 (10) TMI 1742 - ITAT DELHI wherein held that the provision of section 40(a)(ia) of the Act shall apply only to the amount payable as on the last day of the relevant accounting year.- Decided in favour of assessee.

Summary

Issues:
1. Condonation of delay in filing the appeal.
2. Disallowance of establishment expenses.
3. Addition of interest charges.

Analysis:

Issue 1: Condonation of Delay
The appeal was filed by the assessee for the assessment year 2006-07 with a delay of 41 days. The assessee submitted an application for condonation of delay along with an affidavit explaining the reasons for the delay. The Departmental Representative (DR) objected to the request for condonation. After considering the submissions, the Tribunal found it to be a fit case for condonation of delay and directed accordingly.

Issue 2: Disallowance of Establishment Expenses
The primary contention of the assessee was the disallowance of establishment expenses amounting to Rs. 4,79,061. The Assessing Officer disallowed these expenses based on a slight reduction in the income from operations compared to the previous year. The assessee argued that there was no correlation between the decline in income and the increase in establishment expenses. Additionally, the department mentioned an increase in labor charges, but the assessee provided supporting documents. The Tribunal observed that the disallowance was unjustified as there was no defect in the assessee's books of account. The Tribunal held that the disallowance was made on an ad hoc basis and deleted the disallowance, allowing ground of appeal No. 1.

Issue 3: Addition of Interest Charges
The second ground of appeal pertained to the addition of interest charges amounting to Rs. 98,380 under section 43(b). The Tribunal noted that the issue of disallowance of interest due to non-deduction of TDS was covered in favor of the assessee by a decision of the Delhi Tribunal. The Tribunal held that the provision of section 40(a)(ia) applied only to the amount payable as on the last day of the relevant accounting year. Consequently, ground of appeal No. 2 was allowed, leading to the overall allowance of the appeal by the assessee.

In conclusion, the Tribunal allowed the appeal filed by the assessee, overturning the disallowance of establishment expenses and interest charges. The decision was pronounced in the open court on 2nd June 2015.