2013 (4) TMI 985 - AT - Income Tax

Summary

Issues Involved:
1. Addition of Rs.44,92,123/- u/s 40(a)(ia) for freight paid on purchases.
2. Addition of Rs.21,552/- u/s 40A(3) for Building Repair expenses.
3. Adhoc disallowance of Rs.25,000/- out of Building Repair expenses.
4. Addition of Rs.3,00,000/- out of legal expenses.
5. Adhoc 15% disallowance of Rs.51,974/- out of various expenses.
6. Addition of Rs.1,36,450/- by treating loss on sale of Tractor as Capital Loss.

Summary:

Issue 1: Addition of Rs.44,92,123/- u/s 40(a)(ia) for freight paid on purchases
The assessee, running a petrol pump, claimed freight expenses of Rs.44,92,123/- paid to M/s Reliance Industries Ltd. without deducting TDS. The Assessing Officer disallowed the amount u/s 40(a)(ia). The CIT (Appeals) upheld this disallowance. The Tribunal found that the payment was a reimbursement of expenses to M/s Reliance Logistics Pvt. Ltd., who was not a transporter, and thus outside the purview of TDS. The Tribunal directed the Assessing Officer to delete the addition, supporting the decision with the case of CIT Vs. Bhagwati Steels.

Issue 2: Addition of Rs.21,552/- u/s 40A(3) for Building Repair expenses
The assessee did not press this ground, and it was dismissed as not pressed.

Issue 3: Adhoc disallowance of Rs.25,000/- out of Building Repair expenses
The Assessing Officer disallowed Rs.25,000/- due to cash payments against self-prepared vouchers. The Tribunal found no merit in the double disallowance, as Rs.21,552/- was already disallowed u/s 40A(3). The Tribunal allowed the ground and directed the deletion of the additional Rs.25,000/- disallowance.

Issue 4: Addition of Rs.3,00,000/- out of legal expenses
The assessee claimed Rs.3,00,000/- as training charges paid to M/s Reliance Industries Ltd. The Tribunal found the expenditure related to business operations and allowable. It also noted that no TDS was required for such payments. The Tribunal directed the Assessing Officer to allow the expenditure.

Issue 5: Adhoc 15% disallowance of Rs.51,974/- out of various expenses
The Tribunal found no merit in the disallowance, as the assessee had paid fringe benefit tax on these expenses. The Tribunal directed the Assessing Officer to delete the addition of Rs.51,974/-.

Issue 6: Addition of Rs.1,36,450/- by treating loss on sale of Tractor as Capital Loss
The assessee did not press this ground, and it was dismissed as not pressed.

Conclusion:
The appeal was partly allowed, with directions to delete the disallowances under Issues 1, 3, 4, and 5. Issues 2 and 6 were dismissed as not pressed.