2021 (4) TMI 295 - AT - Income Tax

Disallowance of 20% of the land development expenses - assessee failed to establish the expenses are genuine as the most of the vouchers produced were self-made and also not in proper order for verification - contention of the assessee is that disallowance of 20% of total expenditure is very high - HELD THAT - Considering the totality of the facts of the case, we direct the AO to disallow 10% of the total expenditure instead of 20% made by him. Accordingly, the ground Nos. 2 3 raised on this issue are partly allowed. Disallowance u/s. 43B - contribution to PF ESCI under the head 'employee benefit expenses not paid in time - late payments were not allowable expenditure u/s. 43B, the AO disallowed the same u/s. 43B - CIT(A) confirmed the same - HELD THAT - We remit the issue back to the file of the AO with a direction to decide the same afresh as per the decision of Hon'ble Delhi High Court in the case of CIT Vs. Bharat Hotels Ltd 2018 (9) TMI 798 - DELHI HIGH COURT .

Summary

Issues:
1. Dismissal of appeal by CIT(A) for AY 2012-13.
2. Disallowance of land development charges and late payment under section 43B.

Issue 1: Dismissal of appeal by CIT(A) for AY 2012-13:
The assessee's appeal was against the CIT(A), Hyderabad's order for AY 2012-13 under section 143(3) of the Income Tax Act, 1961. The CIT(A) dismissed the appeal, leading to the appeal before the ITAT Hyderabad. The appellant raised various grounds challenging the CIT(A)'s decision, including errors in fact and law, upholding of additions made by the AO, and failure to consider relevant precedents. The brief facts revealed that the AO disallowed a significant amount claimed as "Land development charges" and "Contribution to PF & ESCI" due to lack of proper documentation and late payment, respectively. The appellant contended that the disallowances were unreasonable and should be deleted.

Issue 2: Disallowance of land development charges and late payment under section 43B:
The AO disallowed 20% of the claimed land development charges and the late payment under section 43B. The CIT(A) upheld these disallowances. The appellant argued that the disallowance percentage was too high and not supported by valid reasons. The ITAT, after considering the submissions, directed the AO to reduce the disallowance percentage to 10% of the total expenditure claimed for land development charges. Regarding the late payment under section 43B, the ITAT remitted the issue back to the AO to decide afresh in line with a specific decision of the Delhi High Court. The ITAT allowed the appeal partly on these grounds, emphasizing the need for a reasonable opportunity for the assessee during the re-examination by the AO.

In conclusion, the ITAT Hyderabad partially allowed the appeal, modifying the disallowances made by the AO and CIT(A) and providing specific directions for reconsideration of the issues. The judgment highlighted the importance of proper documentation and adherence to legal provisions in determining allowable expenses for tax purposes.