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2020 (3) TMI 945 - AT - Income TaxAddition u/s 40A - purchase by cash exceeding ₹ 20,000/- on various dates in one bill - exceptional or unavoidable circumstances involved for purchasing the gold and silver - HELD THAT - Assessee has made payment from April, 2011 to September, 2011 on different dates. Further the case laws relied on by the ld. AR of the assessee is also not applicable in the present case in hand because merely accepting the purchase by the AO, it was duty of the assessee to prove as to whether particular payees have incorporated in their books for computing their profits on the respective sales or not and we also noted from the submission of the assessee that there are contradictory submissions before the authorities below. Considering to the totality of facts and circumstances of the case, the CIT(A) has rightly dismissed the appeal of the assessee. Assessee could not produce external vouchers and some of the entries were supported in the books of accounts of the assessee by way of internal vouch ers - HELD THAT - Assessee has inserted some entries in books of accounts with the support of some internal vouchers and complete bills and vouchers were not produced by the assessee before the revenue authorities. Therefore, we are in agreement with the findings recorded by the CIT(A).
Issues Involved:
1. Condonation of delay in filing the appeal. 2. Addition of ?21,46,046/- for alleged violation of Section 40A(3) of the Income Tax Act. 3. Disallowance of expenses under the heads of travelling and business promotion. 4. Disallowance of expenses under the heads of repair and maintenance, printing and stationery, etc. Detailed Analysis: Condonation of Delay: The appeal filed by the assessee was barred by 48 days. The assessee's representative filed an application for condonation of delay along with an affidavit. Since there was no objection from the Departmental Representative (DR), the delay was condoned, and the appeal was heard on merits. Addition under Section 40A(3): The assessee challenged the addition of ?21,46,046/- made by the Assessing Officer (AO) for cash payments exceeding ?20,000/- in violation of Section 40A(3). The assessee argued that the payments were made under exceptional or unavoidable circumstances for purchasing gold and silver, and the genuineness of the payments and the identity of the payees were not in doubt. The AO, however, found that the payments were made to dealers without any commission, distinguishing the case from cited precedents. The AO concluded that the payments did not qualify for exceptions under Rule 6DD and made the addition. The CIT(A) upheld this addition, and the Tribunal agreed, noting that the assessee failed to justify the applicability of any specific clause under Rule 6DD and that banking facilities were available. The Tribunal also noted inconsistencies in the assessee's submissions regarding the role of commission agents. Disallowance of Travelling and Business Promotion Expenses: The AO disallowed 25% of the expenses claimed under travelling and business promotion, amounting to ?20,55,438/-, due to lack of supporting evidence and the nature of the expenses being unverifiable. The CIT(A) reduced this disallowance to 10%, resulting in an addition of ?8,22,175/-. The Tribunal upheld the CIT(A)'s decision, agreeing that the assessee failed to produce complete and verifiable evidence for the claimed expenses. Disallowance of Repair and Maintenance, Printing and Stationery, etc.: The AO disallowed 10% of the expenses claimed under various heads, including repair and maintenance, printing and stationery, and fuel and lubricants, totaling ?2,47,507/-, due to lack of supporting bills and vouchers. The CIT(A) reduced this disallowance to 5%, resulting in an addition of ?1,23,753/-. The Tribunal upheld the CIT(A)'s decision, noting that the assessee could not produce complete documentation to substantiate the claimed expenses. Conclusion: The Tribunal dismissed the appeal of the assessee, upholding the additions and disallowances made by the AO and partially modified by the CIT(A). The Tribunal found the assessee's explanations and evidence insufficient to overturn the decisions of the lower authorities. The order was pronounced in the open court on 16/03/2020.
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