2009 (3) TMI 61 - HC - Income Tax

Expenditures allowability - Amount paid towards job work charges for repairs and maintenance assessee failed to furnish evidence regarding regular services rendered by one for maintenance of machinery expenditure are not allowable u/s 40A(2) - in relation to Legal and Professional charges, on ground that expenditure is excessive and unreasonable, all the three authorities are correct in holding that such services were hit by provisions of Section 40A(12) assessee s appeal dismissed

Summary

Issues:
1. Disallowance under Section 40A(2) of the Income Tax Act regarding payments to M/s. Corona Machine Works.
2. Disallowance under Section 40A(12) of the Income Tax Act regarding payments to M/s. P.K. Gujarati & Co., Chartered Accountants.

Issue 1: Disallowance under Section 40A(2) - Payments to M/s. Corona Machine Works:
The appellant, a partnership firm engaged in manufacturing, made payments to M/s. Corona Machine Works for professional services. The Assessing Officer disallowed a portion of the payment under Section 40A(2) due to excessive nature of the expenditure. The appellant argued that the Assessing Officer failed to determine the fair market value of the services, but both the Commissioner (Appeals) and the Tribunal upheld the disallowance. The court noted that the Assessing Officer is required to assess whether the expenditure is excessive based on fair market value, legitimate business needs, or benefits derived. The Tribunal's decision was supported by the lack of evidence provided by the appellant regarding services rendered by M/s. Corona Machine Works.

Issue 2: Disallowance under Section 40A(12) - Payments to M/s. P.K. Gujarati & Co.:
The appellant's payments to M/s. P.K. Gujarati & Co. were disallowed under Section 40A(12) by the Assessing Officer, Commissioner (Appeals), and the Tribunal. The appellant argued that the services provided were related to accounting work and not covered under the section. However, the Commissioner (Appeals) and the Tribunal upheld the disallowance, stating that the services were for income tax proceedings and fell within the purview of Section 40A(12). The court found that the provision restricts deductions for fees or remuneration related to proceedings under the Income Tax Act, and the appellant failed to show any error in the Commissioner (Appeals) findings.

In conclusion, the court answered both issues in favor of the revenue, upholding the disallowances under Sections 40A(2) and 40A(12) against the appellant. The appeal was dismissed with no costs awarded.