2013 (1) TMI 995 - AT - Income Tax

Summary

Issues involved:
1. Disallowance of expenditure accounted under Suspense Account u/s.143(3) for AY 2007-08.
2. Disallowance of Labour Charges.
3. Disallowance of expenditure u/s.40(a)(ia) for non-deduction of tax at source.

Disallowance of expenditure accounted under Suspense Account:
The Assessing Officer disallowed a sum of Rs. 26,01,482/- as the entries for these expenditures were recorded in the Suspense Account and not in the individual expenditure accounts. The CIT(A) held that since these amounts were eventually transferred to the respective accounts, the disallowance was not justified. However, on appeal, the Revenue contended that the Assessing Officer did not verify the assessee's submissions and evidences. The ITAT directed the issue to be sent back to the Assessing Officer for verification and possible deletion of the addition.

Disallowance of Labour Charges:
The Assessing Officer disallowed Rs. 1,19,61,186/- claimed as labour charges, citing self-made vouchers as insufficient proof. The CIT(A) reduced the disallowance from 15% to 5% considering the nature of the business and difficulties in obtaining separate vouchers. The Revenue appealed, arguing that the assessee's acceptance of 15% disallowance should be upheld. The ITAT, referring to a High Court decision, upheld the 15% disallowance, emphasizing the burden of proof on the taxpayer.

Disallowance of expenditure u/s.40(a)(ia) for non-deduction of tax at source:
The Assessing Officer disallowed Rs. 37,92,350/- for non-deduction of tax at source under section 40(a)(ia) due to lack of details about the payees. The CIT(A) submissions were not examined by the Assessing Officer. The ITAT directed verification of specific payments like Tipper and Tractor hire charges, mixture and proclaim hire charges, and site engineering charges to determine if tax deduction was required. The issue was remitted back to the Assessing Officer for further examination.

The ITAT Hyderabad, in the case involving the above issues, provided detailed analysis and directions for each aspect of the disallowances, emphasizing the need for proper verification and compliance with tax deduction requirements.