2010 (1) TMI 50 - HC - Income Tax

Unaccounting expenses addition u/s 69C claim of deduction u/s 80IA for job working unit - It is contended by the revenue that in view of the proviso to Section 69C inserted with effect from 1-4-1999 (relevant to A.Y. 1999-2000), the unexplained expenditure which is deemed to be the income of the assessee cannot be allowed as a deduction under any head of income if the assessee fails to explain the source of such expenditure. It is contended that to overcome this difficulty, the assessee has sought to claim that the expenditure was incurred during A.Y. 1998-1999 without any justification held that - In other words, in the absence of any material on record, it was not open to the A.O. to hold that the expenditure incurred by Tips Films Pvt. Ltd. related to AY 1998-99 and the expenditure incurred by the assessee related to AY 1999-2000. Similarly, there is no material on record to suggest that the persons whose names are noted in the seized papers are not the employees of the assessee. In these circumstances, the finding recorded by the Tribunal that the amounts in question represent the amount paid by the assessee to its employees in AY 1998-99 cannot be faulted. Consequently, the first question raised by the revenue cannot be said to give rise to any substantial question of law. - once the cash withdrawal of Rs.5 lacs from the bank by the assessee is established, irrespective of the entry in the cash book, it was possible to reasonably hold that out of the cash withdrawal of Rs.5 lacs, an amount of Rs.4 lacs was given to cashier Mr. Desai. In such a case, it cannot be said that the decision of the Tribunal is perverse or contrary to the evidence on record. - when the assessee has been claiming deduction under section 80IA even on goods manufactured from outside agencies, there is no reason to suspect that the assessee would suppress the above facts in the assessment years in question and consequently make disallowance under section 80IA of the Act in the block assessment order.- Revenue appeal dismissed.

Issues Involved:
1. Deletion of addition of Rs. 3.2 lacs and Rs. 3.12 lacs under Section 69C.
2. Deletion of addition of Rs. 6.45 crores.
3. Deletion of addition of Rs. 4 lacs.
4. Deletion of addition of Rs. 68 lacs related to an agreement with Weston Components Limited.
5. Allowing deduction under Section 80IA of the Income Tax Act.

Detailed Analysis:

1. Deletion of Addition of Rs. 3.2 lacs and Rs. 3.12 lacs under Section 69C:
The Tribunal deleted the addition of Rs. 3.2 lacs and Rs. 3.12 lacs made by the Assessing Officer (A.O.) under Section 69C on the grounds that the assessee failed to explain the source of the expenditure noted in the seized papers. The A.O. presumed that the expenditure was incurred in the year of search (A.Y. 1999-2000) and disallowed it by applying the proviso to Section 69C. However, the Tribunal found that the A.O. did not verify the assessee's explanation that the amounts represented unaccounted wages paid to employees during January to March 1998. The Tribunal noted that the A.O. had accepted similar claims in the case of Tips Films Private Limited for A.Y. 1998-1999, and thus, there was no reason to hold differently for the assessee. The Tribunal concluded that the amounts in question were paid by the assessee to its employees in A.Y. 1998-1999, and the revenue's first question did not raise a substantial question of law.

2. Deletion of Addition of Rs. 6.45 crores:
The revenue's counsel did not press the question regarding the deletion of the addition of Rs. 6.45 crores, as the Tribunal's decision was based on the appreciation of evidence.

3. Deletion of Addition of Rs. 4 lacs:
The A.O. added Rs. 4 lacs as unaccounted receipts based on a noting in the seized paper that read "Given 17/4 Desai Cashier 4/". The assessee explained that this represented Rs. 4 lacs given to the cashier Mr. Desai out of Rs. 5 lacs withdrawn from the bank. The Tribunal found this explanation reasonable, noting that the assessee had indeed withdrawn Rs. 5 lacs from the bank on the relevant date. The Tribunal held that the statement recorded during the search did not suggest that the amount given to Mr. Desai was from undisclosed income. Consequently, the Tribunal's decision to delete the addition did not give rise to any substantial question of law.

4. Deletion of Addition of Rs. 68 lacs Related to Agreement with Weston Components Limited:
The A.O. added Rs. 68 lacs as unexplained expenditure based on notings in the seized paper, which the assessee explained as a payment schedule for a negotiation with Mr. Ravi Vachani of Weston Components Limited that did not materialize. The assessee later entered into an agreement for Rs. 60 lacs, which was recorded in the books. The Tribunal found the explanation reasonable and supported by the agreement and ledger entries. The Tribunal held that the presumption under Section 132(4A) was rebutted by the assessee, and the addition based on suspicion could not be sustained. Therefore, the fourth question did not raise a substantial question of law.

5. Allowing Deduction under Section 80IA:
The A.O. disallowed the deduction under Section 80IA on the grounds that the assessee was getting manufacturing work done on a job work basis from other units and that the number of workers in the Nandini Unit was less than the minimum specified under Section 80IA(2). The Tribunal accepted the assessee's explanation that both the Nandini and Silvassa Units formed an integral part of the assessee and that the condition under Section 80IA(2) was met. The Tribunal also noted that the issue of deduction under Section 80IA had been raised in earlier assessment years, and there was no reason to suspect suppression of facts. The Tribunal concluded that any discrepancies should be dealt with in regular assessments, not in block assessments. Thus, the last question did not raise a substantial question of law.

Conclusion:
The appeal was dismissed with no order as to costs, as the Tribunal's findings were based on an appreciation of evidence and did not give rise to any substantial questions of law.

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