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2019 (10) TMI 198 - AT - Income TaxDisallowance of land development expenditure and out business promotion expenses - HELD THAT - The assessee has explained this aspect also to our mind, a perusal of the fact observed by the assessee, on examination of the alleged contractor, who performed the work of the assessee coupled with the statement of the assessee, it is not clear that all these expenses were exclusively laid out for the purpose of business. Some element of incompleteness in the details submitted by the assessee is involved. CIT(A) estimated the expenditure incurred by the assessee at ₹ 3.00 lakhs per acre, but that estimation is also not supported with any surrounding circumstances. Photography taken during the course of search by the Revenue would indicate that grass was cut, trees were uprooted. All these evidences collected after one year of the transaction. The question is how to work out that the work which has been got done by the assessee, and accepted by the CIT(A) could be achieved in ₹ 3 lakhs and not ₹ 4,45,000/-. The disallowance at ₹ 1,44,000/- per acre out of expenditure claimed at ₹ 4,44,000/- is almost more than 30% of the expenditure claimed by the assessee. To our mind, even if there are lacunae in maintaining details at the end of the assessee, and he has claimed some inflated expenditure, that should be around 8% to 10% of the total and not 30%, because in this activity maximum profit even for the contract could be estimated at 8%. Therefore, in our opinion, ends of justice would meet if we scale down this disallowance of expenditure of ₹ 63,59,000/- to ₹ 30,00,000/-. We direct accordingly. Disallowance of business promotion expenses - After going through the order of the ld.CIT(A) we do not find any merit, and more particularly, no convincing arguments were advanced. It is confirmed.
Issues Involved:
1. Disallowance of land development expenditure. 2. Disallowance of business promotion expenses. 3. Applicability of CBDT Circular No. 17 of 2019 regarding low tax effect. Issue-wise Detailed Analysis: 1. Disallowance of Land Development Expenditure: - Facts and Background: A search under section 132 of the Income Tax Act was conducted, and the assessee was issued a notice under section 153A. The assessee had entered into a Memorandum of Understanding (MOU) with M/s Sahara India Commercial Corporation Ltd. (SICCL) to arrange and develop 43.92 acres of land at ?13 lakhs per acre, including development expenses. The assessee claimed ?1,95,35,000 as development expenditure. - Assessment Officer's (AO) Findings: The AO conducted inquiries and recorded statements from four individuals who allegedly carried out the development work. The AO found inconsistencies such as lack of documentary evidence, non-filing of income returns by contractors for other years, and identical expense heads in their profit & loss accounts. The AO concluded that the assessee did not incur the claimed development expenditure and disallowed ?1,95,35,000. - CIT(A) Findings: The CIT(A) acknowledged the assessee's obligation to develop the land per the MOU and allowed a deduction of ?1,31,76,000 on an estimated basis, disallowing ?63,59,000. - Tribunal's Judgment: The Tribunal noted the inconsistencies and inadequacies in the assessee's documentation but also recognized that some development work was indeed carried out. The Tribunal found the CIT(A)'s estimation of ?3 lakhs per acre unsupported and scaled down the disallowance from ?63,59,000 to ?30,00,000, considering a reasonable margin for potential inflation of expenses. 2. Disallowance of Business Promotion Expenses: - Facts and Background: The assessee claimed business promotion expenses of ?33,457, which were disallowed by the AO. - CIT(A) Findings: The CIT(A) upheld the disallowance. - Tribunal's Judgment: The Tribunal found no merit in the assessee's arguments against the disallowance of ?33,457 for business promotion expenses and confirmed the CIT(A)'s decision. 3. Applicability of CBDT Circular No. 17 of 2019: - Facts and Background: The Revenue appealed against the CIT(A)'s order, but the tax effect involved was less than ?50 lakhs. - Tribunal's Judgment: The Tribunal applied the CBDT Circular No. 17 of 2019, which restricts the department from filing appeals before the Tribunal if the tax effect is below ?50 lakhs. The Tribunal dismissed the Revenue's appeal due to low tax effect but allowed for the possibility of re-verification by the AO if the tax effect is found to be more or if the case falls within the exceptions provided in the Circular. Conclusion: - The Tribunal dismissed the Revenue's appeal due to low tax effect. - The disallowance of ?63,59,000 was scaled down to ?30,00,000. - The disallowance of ?33,457 for business promotion expenses was confirmed. - The assessee's cross-objection was partly allowed. Order Pronouncement: - The order was pronounced in the Court on 3rd October 2019 at Ahmedabad.
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