2016 (8) TMI 857 - AT - Income Tax

Truck running expenses disallowed - Held that - We find that the truck running expenses claimed in this AY is commensurate with the turn-over of the assessee compared to A.Y.2010-11 and 2011- 12. The truck running expenses from A.Y.2007-08 to 2011-12 shows the increasing trend. This increase in the percentage of the expenses to the turn-over is understandable and commensurate with the rate of inflation. No adverse inference ought to have been therefore drawn against the assessee. We therefore are of the view that CIT(A) was justified in deleting the addition made by AO. Godown Expenses disallowed - Held that - Expenditure in question was for the business of the Assessee and the order of CIT(A) on this issue in allowing the claim does not call for any interference Retainer fee paid disallowed - Held that - The contention of the revenue before us was that since the assessee was having its own vehicle there was no need for any retainer fee. In our view this contention of the revenue is not acceptable because the nature of this fee is wages and not any retainer fee paid in the process of transportation. We therefore do not find any reason to interfere with the order of CIT(A) in allowing the claim does not call for any interference. Tansportation charges disallowed - Held that - Before us the contention of the revenue is that the truck running expenses and transportation charges are one and the same. We are of the view that in the light of the evidence brought before CIT(A), the contention of the revenue cannot be accepted Addition on increase in the loan amount in the balance sheet of the assessee - Held that - in the light of the evidence to show that the loan amount was availed from the sister concern, the order of CIT(A) in allowing the claim does not call for any interference. Decided against revenue

Summary

Issues:
1. Disallowance of Truck Running Expenses
2. Disallowance of Go-down Expenses
3. Disallowance of Retainership Fees
4. Disallowance of Transportation Charges
5. Disallowance of Loan Amount Charges
6. Disallowance of Rates and Taxes

Issue 1: Disallowance of Truck Running Expenses
The Revenue challenged the allowance of truck running expenses by the CIT(A), arguing that the expenses were not adequately supported and included non-business related costs. The AO initially disallowed 10% of the expenses but later rectified the mistake and restricted the disallowance. The Assessee contended that the expenses were for vehicles owned by them, primarily consisting of fuel costs and wages for drivers and repair expenses. The Tribunal noted a consistent increase in expenses over the years, justifying the claim, and upheld the CIT(A)'s decision to delete the addition.

Issue 2: Disallowance of Go-down Expenses
The Revenue disputed the deduction claimed for go-down expenses, contending that as a transportation business, the Assessee did not require a go-down. However, the CIT(A) found the expenses related to the business based on the agreement with Philips India Ltd. The Tribunal upheld the CIT(A)'s decision, deeming the expenses legitimate for the business.

Issue 3: Disallowance of Retainership Fees
The AO disallowed retainer fees, arguing it was unnecessary for a transportation business using its vehicles. The Assessee clarified that these fees were for casual laborers involved in loading and unloading, akin to wages. The Tribunal agreed with the Assessee, considering the nature of the fees as wages and not specific to transportation, thereby dismissing the Revenue's appeal.

Issue 4: Disallowance of Transportation Charges
The AO added transportation charges to the total income, assuming they were part of truck running expenses. The Assessee clarified that these were payments to other truck operators, distinct from their own truck running expenses. The Tribunal found merit in the Assessee's explanation, leading to the deletion of the addition made by the AO.

Issue 5: Disallowance of Loan Amount Charges
The AO added an increased loan amount to the total income due to lack of evidence for loan receipt. However, the CIT(A) observed proper accounting and transactions with a sister concern, justifying the loan amount. The Tribunal upheld the CIT(A)'s decision, dismissing the Revenue's appeal.

Issue 6: Disallowance of Rates and Taxes
The AO disallowed a deduction for rates and taxes, citing non-payment and invoking section 43B. The CIT(A) upheld the disallowance due to lack of evidence of actual payment. The Tribunal, upon reviewing evidence presented before the CIT(A), directed the AO to verify the actual payments in compliance with section 43B, allowing the Cross Objection for further examination.

In conclusion, the Tribunal dismissed the Revenue's appeal while allowing the Cross Objection for the assessment of rates and taxes, emphasizing the necessity for verifying actual payments.