2017 (7) TMI 915 - AT - Income Tax

Addition in respect of cash credits - addition on a/c of commission received - Held that - We agree with contention of Ld. AR that by making addition in respect of cash credits, after rejecting books of accounts, would amount to double taxation of certain items. However, assessing officer has rejected books of account based on irregularities and infirmities recorded by internal auditors in audit report. Further it is observed from order of Ld. CIT(A) that even Ld. CIT(A) has not himself verified any of credit entries under head sundry creditors amounting to ₹ 68,01,864/-, alleged commission income earned and discount received amounting to ₹ 83,85,200/- and expenses under head other expenses amounting to ₹ 86,84,062/-. We are, therefore, inclined to set aside this issue is back to file of Ld. AO for a suo motu verification of these entries in books of accounts. Ld. AO shall take into consideration all documents that may be filed by assessee to establish its claim and may verify to his satisfaction as per law regarding the identity, creditworthiness, and genuineness of the transaction in respect of credit entries. Assessee is directed to furnish all the necessary details like bills/vouchers/discount coupons etc., before Ld. AO for purposes of adjudication of these grounds.

Summary

Issues:
1. Deletion of addition on account of commission received
2. Deletion of addition as advance received from customers
3. Deletion of disallowance made out of various expenses

Analysis:

Issue 1: Deletion of addition on account of commission received
The Revenue contended that the Commission income had a steep fall while the expenses on cartage inward had increased, leading to the addition of ?83,85,200. The Revenue argued that the addition should not have been deleted by the CIT (A). The Revenue submitted that the assessing officer rightly added the difference in commission and discount compared to the previous year to the income of the assessee. On the other hand, the Assessee argued that the addition should be deleted as the assessing officer did not establish that the assessee received more commission and discount than recorded in the books. The Tribunal observed that the assessing officer made the disallowance based on irregularities pointed out by internal auditors and that the assessee failed to substantiate claims with proper bills or vouchers. The Tribunal set aside the issue back to the assessing officer for verification of entries in the books of accounts.

Issue 2: Deletion of addition as advance received from customers
The Revenue challenged the deletion of an addition of ?68,01,864 as an advance received from customers. The Revenue argued that this was in the nature of a public deposit which the assessee was not allowed to take as per RBI guidelines. The Revenue contended that the assessing officer was right in not considering such advances as real and genuine. The Tribunal directed the assessing officer to verify the entries in the books of accounts and instructed the assessee to furnish necessary details for adjudication.

Issue 3: Deletion of disallowance made out of various expenses
The Revenue disputed the deletion of an addition of ?86,84,062 made as a disallowance out of various expenses. The Revenue argued that there was no abnormal increase in the claim of expenses and that the assessee failed to prove that the increase was for the purpose of business. The Tribunal observed that the assessing officer rejected the books of accounts based on irregularities highlighted by internal auditors. The Tribunal set aside the issue back to the assessing officer for verification of entries in the books of accounts.

In conclusion, the Tribunal allowed the appeal filed by the Revenue for statistical purposes and directed the assessing officer to re-examine the issues in light of the provided directions.