2011 (6) TMI 978 - AT - Income Tax

Summary

Issues involved: Appeal by revenue against deletion of addition of Rs. 14,00,000 out of total addition of Rs. 36,30,503 made by Assessing Officer on account of Colliery and Godown Expenses.

Summary:

Issue 1 - Disallowance of Colliery and Godown Expenses:
The appeal was filed by the revenue against the deletion of Rs. 14,00,000 out of the total addition of Rs. 36,30,503 made by the Assessing Officer on account of Colliery and Godown Expenses. The Revenue argued that certain expenses increased disproportionately compared to sales, leading to a 170% increase in expenses. They contended that some expenses were non-verifiable, justifying the disallowance. On the other hand, the assessee explained that the increase in expenses was due to new procurement sources of coal and the development of a screening plant, which made the expenses not comparable. The CIT(A) considered the submissions and directed the Assessing Officer to make a 10% adhoc disallowance to ensure justice without causing grievance to either side. The appeal of the Revenue was partly allowed based on these considerations.

Key Points:
- Revenue appealed against deletion of Rs. 14,00,000 out of total addition of Rs. 36,30,503 on Colliery and Godown Expenses.
- Revenue argued for disproportionate increase in expenses, justifying the disallowance.
- Assessee explained increase in expenses due to new procurement sources and screening plant development.
- CIT(A) directed 10% adhoc disallowance to meet the ends of justice.
- Appeal of Revenue partly allowed based on these considerations.

Conclusion:
The appeal of the Revenue was partly allowed, with a 10% adhoc disallowance directed by the CIT(A) to ensure fairness to both parties.