2021 (6) TMI 1035 - AT - Income Tax

Unverifiable purchases - assessee was asked to reconcile the difference in respect of receipts by the AO during the assessment proceeding - HELD THAT - Merely maintaining the books of accounts and not giving a plausible explanation regarding the purchases, the same cannot be stated that it is identical to the earlier Assessment Year 2011-12. This issues are a factual centric and purchases may be different in each year. The matter is not identical to that of Assessment Year 2011-12 in context of each Assessment Year is a different Assessment Year and to prove that these are estimated additions has to be determined after the proper perusal of the evidence before the AO. Before the CIT(A), the assessee has submitted that books of account, purchase bills, wages/salary registers were produced but was not examined properly by the AO as per the contention of the Ld. AR. The assessee has not filed any paper book before us as to show which documents were before the Assessing Officer. Therefore, it will be appropriate to remand back the issue to the file of the Assessing Officer for taking proper cognizance of all the records related to books of accounts, purchase bills, wages/salary registers etc. Appeal of the assessee is partly allowed for statistical purpose.

Issues involved:
Assessment of disallowed expenses on lump sum basis, addition of interest in income, constitutional validity of orders, legality of expense disallowance, charging of interest u/s 234B, right to amend grounds of appeal.

Analysis:

1. Disallowed Expenses on Lump Sum Basis:
The appellant challenged the disallowance of expenses on a lump sum basis without supporting material. The Assessing Officer made additions for purchases, wages & salary, and other expenses without providing an opportunity for explanation. The appellant argued that the disallowances were unconstitutional and lacked a nexus to income earned. The ITAT noted that similar additions were deleted in the appellant's case for a previous assessment year. However, the Tribunal found each assessment year to be distinct, requiring specific evidence. As the Assessing Officer did not thoroughly examine the relevant documents, the issue was remanded for proper consideration, ensuring the principles of natural justice.

2. Addition of Interest in Income:
Another issue was the addition of interest in the appellant's income based on presumptions by the Assessing Officer. The appellant declared a lower interest amount compared to the one assessed. The ITAT highlighted the lack of concrete evidence provided to support the interest addition. The Tribunal emphasized the importance of factual verification before making such additions, indicating a need for proper examination of records by the Assessing Officer.

3. Constitutional Validity of Orders:
The appellant contended that the orders passed by the Assessing Officer and upheld by the CIT(A) were unconstitutional due to the lack of a valid basis for disallowances. The ITAT acknowledged the appellant's argument but focused on the necessity of concrete evidence and proper examination of records during assessments. The Tribunal emphasized the importance of adherence to legal procedures and principles of natural justice in tax assessments.

4. Charging of Interest u/s 234B:
Concerning the charging of interest under section 234B, the appellant argued that it was unjustified due to the additions made in the declared income. The ITAT did not provide a detailed analysis of this issue in the judgment, but it was mentioned in the grounds of appeal. The appellant sought the quashing or deletion of the interest charged under section 234B.

5. Right to Amend Grounds of Appeal:
The appellant also asserted the right to amend, alter, or change any grounds of appeal during the course of the hearing. While this issue was raised in the prayer section of the appeal, the judgment did not provide a specific analysis or ruling on this matter. The appellant requested the deletion of impugned additions and relief from interest charges, emphasizing the need for appropriate remedies based on the facts and circumstances of the case.

In conclusion, the ITAT's judgment addressed various issues raised by the appellant regarding the assessment of expenses, addition of interest, constitutional validity of orders, and the right to amend grounds of appeal. The Tribunal emphasized the importance of factual verification, proper examination of records, and adherence to legal procedures in tax assessments, remanding certain issues back to the Assessing Officer for reevaluation while partially allowing the appeal for statistical purposes.

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