2018 (1) TMI 975 - AT - Income Tax

Eligibility to get registration u/s 12A - deeming category of registration - Held that - We find that before the Ld. CIT(A), the assessee itself had considered the facts that the assessee trust is eligible to take advantage of provisions of sections 11 & 12 from the A.Y. 2008-09. Having considered the provision of section 12A were unable to accept the contention of the assessee that he is entitled for the benefit under the deeming category of registration. These additions grounds of assessee are dismissed. Adhoc disallowance of car Running & maintenance Expenses - Held that - We find merit into the contention that AO has made ad hoc disallowance on estimate basis. No material is placed on record that the vehicles were used by the assessee for other than the business activity - AO was not justified in disallowing the depreciation and insurance on cars. Further, the AO made disallowance on ad hoc basis in respect of conveyance and travelling expenses, student welfare expenses and also without bringing any material evidence on record. Direct the AO to delete this disallowance. Disallowance made by invoking provisions of section 40(a)(ia) - Held that - As in case of CIT vs. Ansal landmark 2015 (9) TMI 79 - DELHI HIGH COURT it has been confirmed the findings of the Tribunal that if the recipient had offered thepayment for taxation no disallowance u/s 40(a)(ia) can be made. Respectfully, following the same we hereby set aside this issue to the file of the AO to verify whether the recipients have offered the payment made to them for tax. These grounds of the assessee are partly allowed for statistical purpose.

Summary

Issues:
1. Eligibility for registration under section 12A of the Income Tax Act.
2. Disallowance of expenses by the Assessing Officer.
3. Disallowance under section 40(a)(ia) of the Act.

Eligibility for registration under section 12A of the Income Tax Act:
The appellant trust sought registration under section 12A, claiming deemed registration, but the Assessing Officer and the Ld. CIT(A) rejected the request. The Ld. Authorized Representative argued that the trust should be granted exemption under sections 11 & 12. However, the tribunal found that the trust itself acknowledged its eligibility for benefits under sections 11 & 12 from the A.Y. 2008-09. The tribunal, after considering the provisions of section 12A, dismissed the additional grounds of the assessee, stating that the trust was not entitled to benefits under the deeming category of registration.

Disallowance of expenses by the Assessing Officer:
The appellant raised grounds of appeal against the disallowance of various expenses by the Assessing Officer and upheld by the Ld. CIT(A). The appellant contended that the disallowances were made without proper appreciation of facts. The tribunal observed that the Assessing Officer made ad hoc disallowances without concrete evidence, especially in the absence of material showing vehicles were used for non-business activities. Consequently, the tribunal directed the AO to delete the disallowances related to depreciation, insurance, conveyance, and other expenses made on an ad hoc basis.

Disallowance under section 40(a)(ia) of the Act:
The appellant challenged the disallowances under section 40(a)(ia) of the Act. Regarding the disallowance made by invoking section 40(a)(ia), the tribunal noted that a judgment cited by the appellant had been overruled by the Hon'ble Apex Court. The tribunal rejected this ground. However, on another ground related to disallowing kitchen expenses, the appellant relied on a judgment of the Hon'ble Delhi High Court. The tribunal set aside this issue to the AO to verify if recipients had offered the payment for taxation. Consequently, the tribunal partly allowed the grounds raised by the appellant for statistical purposes.

In conclusion, the tribunal dismissed the additional grounds related to registration under section 12A, directed the AO to delete certain ad hoc disallowances of expenses, and partly allowed the grounds challenging disallowances under section 40(a)(ia) for statistical purposes. The appeal of the assessee was partly allowed for statistical purposes.