2012 (6) TMI 917 - AT - Income Tax

Summary

Issues involved: Appeal by Revenue against CIT(A) order u/s 143(3) for 2007-08, involving disallowance of expenses and provident fund contribution.

Disallowance of Employees' Provident Fund Contribution: The Assessing Officer disallowed deduction u/s 36(1)(va) for delay in payment of employees' provident fund contribution, which was paid before the return filing deadline. CIT(A) deleted the disallowance citing a Supreme Court decision, stating the amendment to Section 43B is retrospective from April 1, 1988, ensuring uniformity in payments. ITAT upheld CIT(A)'s decision based on the Supreme Court ruling.

Disallowance of Travelling & Conveyance Expenses: The Assessing Officer disallowed Rs. 1.50 lakhs of claimed expenses without proper justification. CIT(A) found the disallowance arbitrary and lacking proper reasoning, hence deleted it. ITAT agreed with CIT(A)'s decision, noting the absence of cogent justification by the Assessing Officer.

Disallowance of Building & Machinery Repair Expenses: A disallowance of Rs. 40,000 was made by the Assessing Officer without a valid reason. CIT(A) observed the disallowance was similar to the one on travelling expenses and lacked proper support, thus deleted it. ITAT concurred with CIT(A)'s decision, finding the disallowance unjustified and supporting the legitimate business expenditure.

Conclusion: The ITAT dismissed the Revenue's appeal, upholding CIT(A)'s deletion of disallowances on provident fund contribution, travelling expenses, and repair expenses due to lack of proper justifications by the Assessing Officer. The decision was pronounced on June 8, 2012.