2019 (11) TMI 511 - AT - Income Tax

Disallowance of the growing charges and transportation charges - HELD THAT - As rightly pointed out by the ld. D.R., both the issues relating to disallowance out of growing charges and transportation charges have already been decided by the Tribunal 2018 (6) TMI 1671 - ITAT KOLKATA passed while disposing of the appeal of the Revenue holding that the disallowance sustained by the CIT(Appeals) out of growing charges and transportation charges was fair and reasonable and there was no justifiable reason to interfere with the same. The said conclusion drawn by the Tribunal squarely covers the issues raised by the assessee in this Cross Objection and accordingly following the same, dismiss this Cross Objection filed by the assessee.

Summary

Issues:
- Disallowance of growing charges
- Disallowance of other transportation charges

Disallowance of Growing Charges:
The assessee, engaged in the hatchery business, claimed a deduction of &8377; 37,77,871/- for growing charges in the return of income. However, during assessment proceedings, the Assessing Officer (A.O.) found the details provided unsatisfactory and unverifiable. The A.O. disallowed a significant portion of the claimed amount, restricting it to &8377; 10,41,717/-. On appeal, the Commissioner of Income Tax (Appeals) reduced the disallowance further to &8377; 3,77,000/-, considering the lack of supporting documents but finding the A.O.'s estimate excessive. The appellate authority allowed a partial relief of 10% of the total claim made by the assessee under the head growing charges.

Disallowance of Other Transportation Charges:
Regarding the disallowance of other transportation charges amounting to &8377; 10,21,101/-, the A.O. noted the failure of the assessee to produce relevant details during assessment proceedings. The A.O. disallowed the entire claimed amount. On appeal, the CIT(A) restricted this disallowance to &8377; 50,000/-, considering that the assessee had provided some details regarding the vehicle expenses for transporting goods, but not all relevant vouchers. The appellate authority found the A.O.'s disallowance excessive and unreasonable, hence allowing a partial relief.

Appellate Tribunal Decision:
The Revenue challenged the CIT(A)'s decision before the Tribunal, arguing that the relief granted was based on additional evidence filed by the assessee in violation of Rule 46A. The Tribunal, after considering the arguments, upheld the CIT(A)'s decision, finding the disallowances fair and reasonable. The Tribunal dismissed the Revenue's appeal, emphasizing that the disallowances made by the A.O. were excessive and the relief granted by the CIT(A) was justified.

Conclusion:
The Tribunal's decision on the Revenue's appeal covered the issues raised by the assessee's Cross Objection. As both matters had already been decided in the Revenue's appeal, the Cross Objection was dismissed, affirming the fair and reasonable nature of the disallowances made by the CIT(A) and upheld by the Tribunal.