2012 (5) TMI 841 - AT - Income Tax

Issues Involved:

1. Deletion of addition on account of expenditure claimed on Social Forestry.
2. Deletion of addition on account of amortization of Social Forestry expenses.
3. Deletion of addition on account of difference in valuation of Closing Stock.
4. Deletion of addition on account of unexplained creditors.
5. Deletion of addition on account of Syndicate Fees.
6. Deletion of addition on account of prior period expenses.
7. Disallowance of expenditure incurred wholly and exclusively for business purposes.
8. Disallowance of expenditure fully allowable in the year under consideration.
9. Addition by making reference to Sec.145A.
10. Disallowance of contribution of employee's towards PF u/s 36(1)(va).
11. Taxation of amount credited to Profit & Loss A/c pursuant to one-time settlement of loan.
12. Enhancement of income by rejecting books of account u/s 145(3).

Summary:

1. Deletion of addition on account of expenditure claimed on Social Forestry:
The Tribunal upheld the decision of the CIT(A) to delete the addition of Rs. 66,97,985/- on account of Social Forestry expenditure, following the ITAT's decision in the assessee's own case for previous years. The Revenue's appeal on this ground was rejected as no difference in facts was pointed out.

2. Deletion of addition on account of amortization of Social Forestry expenses:
The Tribunal upheld the CIT(A)'s decision to delete the addition of Rs. 20,25,393/- on account of amortization of Social Forestry expenses, following the ITAT's decision in the assessee's own case for previous years. The Revenue's appeal on this ground was rejected as no difference in facts was pointed out.

3. Deletion of addition on account of difference in valuation of Closing Stock:
The Tribunal remanded the issue back to the AO for fresh adjudication, following its decision in the assessee's own case for previous years. The Revenue's appeal on this ground was allowed for statistical purposes.

4. Deletion of addition on account of unexplained creditors:
The Tribunal upheld the CIT(A)'s decision to delete the addition of Rs. 4,95,000/- on account of unexplained creditors, following the ITAT's decision in the assessee's own case for previous years. The Revenue's appeal on this ground was rejected as no difference in facts was pointed out.

5. Deletion of addition on account of Syndicate Fees:
The Tribunal upheld the CIT(A)'s decision to delete the addition of Rs. 38,29,300/- on account of Syndicate Fees, following the ITAT's decision in the assessee's own case for the assessment year 2005-06. The Revenue's appeal on this ground was rejected as no difference in facts was pointed out.

6. Deletion of addition on account of prior period expenses:
The Tribunal upheld the CIT(A)'s decision to delete the addition of Rs. 2,40,00,000/- on account of prior period expenses, following the ITAT's decision in the assessee's own case for the assessment year 2005-06. The Revenue's appeal on this ground was rejected as no difference in facts was pointed out.

7. Disallowance of expenditure incurred wholly and exclusively for business purposes:
The Tribunal decided this issue against the assessee, following its decision in the assessee's own case for previous years. The assessee's appeal on this ground was rejected.

8. Disallowance of expenditure fully allowable in the year under consideration:
The Tribunal noted that this ground was not pressed by the assessee and accordingly rejected it as not pressed.

9. Addition by making reference to Sec.145A:
The Tribunal decided this issue against the assessee, following its decision in the assessee's own case for previous years. The assessee's appeal on this ground was rejected.

10. Disallowance of contribution of employee's towards PF u/s 36(1)(va):
The Tribunal allowed this issue in favor of the assessee, following the judgment of the Hon'ble Apex Court in the case of CIT Vs Alom Extrusions Ltd. 319 ITR 306 (S.C.). The assessee's appeal on this ground was allowed.

11. Taxation of amount credited to Profit & Loss A/c pursuant to one-time settlement of loan:
The Tribunal allowed this issue in favor of the assessee, holding that waiver of loan cannot be regarded as income u/s 28(iv) or u/s 41(1) of the Income Tax Act, 1961, following various judicial precedents. The assessee's appeal on this ground was allowed.

12. Enhancement of income by rejecting books of account u/s 145(3):
The Tribunal found that the rejection of books of account by the CIT(A) was not justified as the fall in yield percentage of JKPM unit was satisfactorily explained by the assessee with supporting evidence. The Tribunal deleted the addition made by the CIT(A) on this ground. The assessee's appeal on this ground was allowed.

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