2020 (2) TMI 1658 - AT - Income Tax

Disallowance u/s.143(1) based on the audit report - addition of club expenses - mistake of the auditor/clerical error in the Tax Audit Report cannot be the basis for disallowance of expenses which has been legally spent by the assessee wholly and exclusively for business purposes - HELD THAT - As no adjustment/disallowance/addition of the expenditure claimed by the assessee on account of club expenses could not have been disallowed without issue of notice u/s. 143(2) of the Act as held by the Hon ble High court in Peerless General Finance Co. Ltd. 2009 (10) TMI 429 - CALCUTTA HIGH COURT - Further, we note that the assessee had already suo moto disallowed expenditure incurred on CSR activities, interest on late payment of TDS, penalty of PF and penalty of entry tax total - So, the allowability of club expenses which assessee claimed could not have been disallowed without giving proper opportunity to the assessee, which omission on the part of AO CPC is against the principles of Natural Justice and it cannot be sustained. Therefore,we allow the appeal of the assessee and direct deletion of addition. Appeal of assessee allowed.

Summary

Issues:
Disallowance of expenses u/s. 143(1) of the Income-tax Act, 1961 without proper scrutiny and opportunity for the assessee.

Analysis:
The appeal was filed against the Ld. CIT(A)'s order confirming the disallowance of Rs.7,10,679/- u/s. 143(1) of the Act. The Ld. CIT(A) upheld the disallowance made by the AO (CPC) based on inconsistencies in the return of income. The assessee had declared a total income of Rs.11,93,30,100/-, but the CPC proposed an adjustment of Rs.7,10,679/-. The Ld. CIT(A) dismissed the appeal, stating that the disallowed amount was already shown by the assessee in the return, and the CPC merely matched the figures. The assessee contended that the disallowance was based on a flawed Tax Audit Report. The AO (CPC) disallowed the amount without considering the explanation provided by the assessee. The Ld. AR argued that the disallowance was unjust as the expenses were legitimate business expenditures. The Tribunal noted that the disallowance was made without issuing a notice u/s. 143(2) and without proper scrutiny as per legal precedents. The Tribunal allowed the appeal, directing the deletion of the Rs.7,10,679/- addition.

The Tribunal found that the disallowance of club expenses by the AO (CPC) was unjust as it was based on a flawed Tax Audit Report without proper scrutiny. The assessee had voluntarily disallowed other expenses amounting to Rs.11,70,671/-. The Tribunal emphasized that the disallowance of legitimate business expenses without proper opportunity for the assessee violated principles of Natural Justice. Referring to legal precedents, the Tribunal held that the AO (CPC) should have issued a notice u/s. 143(2) before making such disallowances. The Tribunal allowed the appeal, ordering the deletion of the Rs.7,10,679/- addition.

In conclusion, the Tribunal ruled in favor of the assessee, highlighting the procedural errors and lack of proper scrutiny in the disallowance of expenses by the AO (CPC) u/s. 143(1) of the Income-tax Act, 1961. The Tribunal emphasized the importance of adhering to principles of Natural Justice and legal precedents in such matters, ultimately directing the deletion of the disputed addition of Rs.7,10,679/-.