2017 (9) TMI 39 - AT - Income Tax

Validity of proceedings u/s 153C r.w.s. 153A - additions to income and disallowances of expenditure - no incriminating material found during the course of search - Held that - Though assumption of jurisdiction in framing assessment order u/s 153C of the Act by the ld Assessing Officer is correct, however, as all the additions made in these assessment years(i.e. 2004-05 to 2010-11) are not based on any incriminating material unearthed during the course of search the addition/ disallowances deserve to be cancelled. In view of this, additional ground raised by the assessee succeeds and reversing the order of the ld CIT(A), we direct the ld Assessing Officer to delete all the additions disputed before us for AY 2004-05 to AY 2008-09 - Decided in favour of assessee. Low household expenditure - Held that - Since , assessee is living in his parental house and his wife is also working but however, no details about the expenses of the household was provided. Therefore, the ld CIT(A) confirmed the addition. - Decided against assessee. For AY 2010-11 - disallowance deduction u/s 80G on account of not submitting the donation receipt - Held that - The assessee has not submitted the same therefore, we do not interfere in the disallowance. Therefore ground of the appeal of the assessee is dismissed. Difference in TDS certificate of commission earned - Held that - When deductor itself has given a certificate that he has wrongly shown TDS in the name of the assessee but it belongs to a third party, the lower authorities has wrongly confirmed the disallowance. In view of this we reverse the finding of the ld CIT(A) and direct the Assessing Officer to delete the addition on account difference in income offered by the assessee and receipt shown in the TDS certificate - Decided in favour of assessee.

Issues Involved:
1. Disallowance on account of low drawings.
2. Disallowance under Section 80D.
3. Disallowance of house tax paid.
4. Disallowance of commission paid due to non-deduction of TDS.
5. Disallowance of capital loss claimed.
6. Disallowance of expenses in P&L account.
7. Disallowance of personal expenses.
8. Disallowance under Section 80GGA.
9. Disallowance of provision of interest due to the adoption of the Mercantile system.
10. Jurisdiction of the Assessing Officer under Section 153C.
11. Confirmation of additions based on low household expenditure.
12. Disallowance of deduction under Section 80G.
13. Disallowance of commission income based on TDS certificates.

Detailed Analysis:

1. Disallowance on Account of Low Drawings:
The Assessing Officer (AO) disallowed various amounts across different assessment years due to low drawings. The CIT(A) confirmed these disallowances, and the assessee appealed. The Tribunal found that the assessee did not provide sufficient details about household expenses and thus upheld the additions for low household expenditure for AY 2009-10 and 2010-11.

2. Disallowance Under Section 80D:
The AO denied deductions under Section 80D for AY 2004-05 to 2006-07. The Tribunal noted that the AO did not refer to any incriminating material for making these additions and thus directed the AO to delete the disallowances for AY 2004-05 to 2008-09.

3. Disallowance of House Tax Paid:
The AO disallowed house tax payments due to the failure of the assessee to substantiate the payments with receipts. The Tribunal directed the deletion of these disallowances for AY 2004-05 to 2008-09 due to the lack of incriminating material.

4. Disallowance of Commission Paid Due to Non-Deduction of TDS:
The AO disallowed commission payments for non-deduction of TDS. The Tribunal found no incriminating material supporting these additions and directed their deletion for AY 2004-05 to 2008-09.

5. Disallowance of Capital Loss Claimed:
The AO disallowed capital loss claims for AY 2005-06. The Tribunal directed the deletion of these disallowances for AY 2004-05 to 2008-09 due to the lack of incriminating material.

6. Disallowance of Expenses in P&L Account:
The AO disallowed expenses in the P&L account for AY 2005-06. The Tribunal directed the deletion of these disallowances for AY 2004-05 to 2008-09 due to the lack of incriminating material.

7. Disallowance of Personal Expenses:
The AO disallowed personal expenses for various assessment years. The Tribunal upheld these disallowances for AY 2009-10 and 2010-11 due to the lack of detailed arguments and evidence from the assessee.

8. Disallowance Under Section 80GGA:
The AO disallowed deductions under Section 80GGA for AY 2007-08. The Tribunal directed the deletion of these disallowances for AY 2004-05 to 2008-09 due to the lack of incriminating material.

9. Disallowance of Provision of Interest Due to Adoption of Mercantile System:
The AO disallowed provisions of interest due to the adoption of the Mercantile system for AY 2008-09 and 2009-10. The Tribunal directed the deletion of these disallowances for AY 2004-05 to 2008-09 due to the lack of incriminating material.

10. Jurisdiction of the Assessing Officer Under Section 153C:
The assessee raised an additional ground challenging the jurisdiction of the AO under Section 153C due to the absence of incriminating material found during the search. The Tribunal admitted this ground and found that the AO did not refer to any incriminating material for making additions. Therefore, the Tribunal directed the deletion of all additions for AY 2004-05 to 2008-09.

11. Confirmation of Additions Based on Low Household Expenditure:
For AY 2009-10 and 2010-11, the AO made additions based on low household expenditure. The Tribunal upheld these additions due to the lack of detailed arguments and evidence from the assessee.

12. Disallowance of Deduction Under Section 80G:
For AY 2010-11, the AO disallowed deductions under Section 80G due to the assessee's failure to submit donation receipts. The Tribunal upheld this disallowance.

13. Disallowance of Commission Income Based on TDS Certificates:
For AY 2010-11, the AO disallowed commission income based on discrepancies in TDS certificates. The Tribunal found that the deductor had issued a certificate indicating that the TDS was wrongly shown in the name of the assessee but belonged to a third party. Therefore, the Tribunal directed the deletion of the disallowance.

Conclusion:
The Tribunal allowed the appeals for AY 2004-05 to 2008-09 due to the lack of incriminating material supporting the additions. For AY 2009-10 and 2010-11, the Tribunal upheld the disallowances related to low household expenditure, personal expenses, and Section 80G deductions but deleted the disallowance related to commission income based on TDS certificates for AY 2010-11.

← Previous Next →