2017 (8) TMI 178 - AT - Income Tax

Disallowance for non-production of the evidence on expenditure claimed - assessee maintains the regular books of account audited under section 44AB - Held that - When the return of income has been filed with supporting account and audit report in Form No. 3CB duly signed by the chartered accountant, the audited profit and loss account cannot be ignored and the Assessing Officer/Commissioner of Income-tax (Appeals) are not permissible to proceed to disallow the expenses on the basis of the artificial estimation only self-estimation of the Assessing Officer/Commissioner of Income-tax to disallow the expenditure claimed by the assessee is not sustainable in the eyes of law particularly when the audited books account and the balance-sheet have not been rejected by the Assessing Officer so the addition on the basis of estimation is not permissible on the flimsy ground that some of the bills and vouchers were handmade and most of the payments were made in cash particularly when all these documents have been duly audited and have not been disputed by the Assessing Officer. As the assessee himself had shown profit at 9.9 per cent. and has been regularly maintaining the books of account in the regular course of business duly audited under section 44AB, the Assessing Officer as well as the Commissioner of Income-tax (Appeals) have exceeded their powers to disallow the deductions claimed by the assessee in the face of the books of account duly audited under section 44AB, having been accepted by the Assessing Officer - Decided in favour of assessee.

Issues:
1. Disallowance of expenses claimed by the assessee.
2. Addition of various expenditure items to the total income of the assessee.
3. Acceptance of audited accounts under section 44AB and disallowance of expenses based on estimation.
4. Interpretation of settled principles of law regarding assessment of income.
5. Grounds of appeal and general nature of additional grounds.

Issue 1 - Disallowance of Expenses:
The appellant sought to set aside the order passed by the Commissioner of Income-tax (Appeals) regarding the assessment year 2009-10, arguing that the income returned by the appellant at 9.9% should have been accepted as reasonable, especially since the appellant maintained regular books of account audited under section 44AB. The appellant contested the ad hoc disallowance made by the Assessing Officer, particularly regarding fuel and lubricants, incentive to staff, employer's contribution to provident fund, and shortage deduction for want of debit note. The appellant relied on case law to support the contention that audited accounts by a chartered accountant have high evidentiary value and should be the basis for assessment.

Issue 2 - Addition of Expenditure Items:
During scrutiny proceedings, the Assessing Officer disallowed a portion of expenses claimed by the assessee under various heads, including fuel and lubricants, incentive to staff, employees' contribution to provident fund, and shortage deductions. The Commissioner of Income-tax (Appeals) partly allowed the appeal but still made additions to the total income of the assessee. The Tribunal reviewed the grounds for disallowance and assessed the situation based on the evidence presented by both parties.

Issue 3 - Acceptance of Audited Accounts and Disallowance of Expenses:
The Tribunal emphasized the importance of accepting audited accounts under section 44AB and highlighted that disallowance of expenses based on estimation is not permissible when the audited accounts have not been rejected. The Tribunal reiterated that the Assessing Officer and the Commissioner of Income-tax (Appeals) should not disregard the audited profit and loss account certified by a chartered accountant. The Tribunal concluded that the authorities had exceeded their powers by disallowing deductions claimed by the assessee despite the books of account being duly audited and accepted.

Issue 4 - Interpretation of Settled Legal Principles:
The Tribunal referenced settled legal principles, including the requirement to consider transactions represented by entries in the accounts and the need to adopt an interpretation beneficial to the assessee when two views are possible. The Tribunal highlighted the importance of adhering to established legal principles in assessing income and making additions to the total income of the assessee.

Issue 5 - Grounds of Appeal and General Nature of Additional Grounds:
The Tribunal addressed the grounds of appeal raised by the appellant, focusing on specific issues related to disallowance of expenses and addition of various expenditure items. The Tribunal noted that certain general grounds were covered under the specific issues discussed earlier and therefore required no specific adjudication. Ultimately, the Tribunal allowed the appeal filed by the assessee based on the analysis and findings presented.

This comprehensive analysis of the judgment highlights the key issues addressed by the Appellate Tribunal ITAT CUTTACK and provides a detailed overview of the legal reasoning and conclusions reached in the case.

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