2011 (8) TMI 1301 - AT - Income Tax

Issues Involved:
1. Disallowance on construction and work in progress expenses.
2. Disallowance under Section 40A(3) of the Act.
3. Addition on account of alleged undisclosed investment for purchase of property.
4. Addition on account of alleged unaccounted profit on sale of plots.
5. Addition on account of alleged undisclosed profit on sale of shares.
6. Addition on account of suppressed/unaccounted sale consideration.
7. Addition on account of unexplained cash credit under Section 68 of the Act.
8. Disallowance of profit on sale of electronic items.
9. Disallowance of taxi expenses and depreciation on taxies.
10. Telescoping of additions.
11. Annulment of assessment order under Section 153A read with Section 144 of the Act.
12. Set off for unaccounted/suppressed sale consideration.

Detailed Analysis:

1. Disallowance on Construction and Work in Progress Expenses:
The assessee contested the confirmation of a 15% disallowance on construction and work in progress expenses totaling Rs. 1,15,34,557/-. The revenue challenged the reduction of the addition to Rs. 17,30,184/- from Rs. 50.00 lacs by the CIT(A). The tribunal noted that similar issues were decided in previous years and applied a gross profit rate of 12% against the disclosed 10.68%.

2. Disallowance under Section 40A(3) of the Act:
The assessee appealed against the disallowance of Rs. 7,39,156/- under Section 40A(3). The tribunal, following previous years' findings, held that no disallowance was required as the books of accounts were rejected and the profit rate was applied, deleting the addition.

3. Addition on Account of Alleged Undisclosed Investment for Purchase of Property:
The assessee challenged the addition of Rs. 33.00 lacs for alleged undisclosed investment in properties. The CIT(A) confirmed the addition, citing lack of evidence for cash payments. However, the tribunal found no conclusive evidence of cash payment of Rs. 33 lacs in the annexure and deleted the addition.

4. Addition on Account of Alleged Unaccounted Profit on Sale of Plots:
The assessee disputed the addition of Rs. 16.09 lacs out of Rs. 36.64 lacs for alleged unaccounted profit on sale of plots. The CIT(A) reduced the addition to Rs. 16.09 lacs, interpreting the seized document differently. The tribunal found the document ambiguous and deleted the entire addition.

5. Addition on Account of Alleged Undisclosed Profit on Sale of Shares:
The AO added Rs. 1,15,712/- for undisclosed profit on share sales. The CIT(A) upheld the addition. The tribunal restored the issue to the AO for reconsideration, allowing set-off of derivative losses against share profits.

6. Addition on Account of Suppressed/Unaccounted Sale Consideration:
The AO made an addition of Rs. 59.50 lacs for suppressed sale consideration based on seized documents. The CIT(A) upheld the addition. The tribunal, finding the documents inconclusive and lacking evidence, deleted the entire addition.

7. Addition on Account of Unexplained Cash Credit under Section 68 of the Act:
The AO added Rs. 69,17,400/- under Section 68. The CIT(A) reduced this to Rs. 4,27,400/- after considering additional evidence. The tribunal, following previous findings, deleted the remaining addition.

8. Disallowance of Profit on Sale of Electronic Items:
The AO estimated income from electronic sales at Rs. 58,100/-. The CIT(A) reduced this to Rs. 20,000/- due to lack of details. The tribunal found the CIT(A)'s estimate reasonable and upheld the disallowance.

9. Disallowance of Taxi Expenses and Depreciation on Taxies:
The AO disallowed 1/3rd of taxi expenses and denied depreciation. The CIT(A) restricted disallowance to 20%. The tribunal estimated income from tours and travels at Rs. 1.00 lac after allowing depreciation, partly allowing the appeal.

10. Telescoping of Additions:
The assessee sought telescoping of additions for suppressed sales against expenses. The tribunal found no specific issue raised and dismissed this ground.

11. Annulment of Assessment Order under Section 153A read with Section 144 of the Act:
The assessee argued for annulment of the assessment order. The tribunal upheld the CIT(A)'s decision, noting adequate opportunity was provided to the assessee.

12. Set Off for Unaccounted/Suppressed Sale Consideration:
The revenue contested the CIT(A)'s direction to set off suppressed sale consideration against unexplained expenses. The tribunal found no specific case pointed out and deemed the ground academic.

Conclusion:
The appeals of the assessee and the revenue were partly allowed, with several additions and disallowances being deleted or modified based on the tribunal's detailed analysis of the evidence and arguments presented.

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