2022 (11) TMI 1167 - AT - Income Tax

Addition u/s 40A(3) - assessee firm had made cash purchase exceeding permissible limit - CIT-A deleted the addition - HELD THAT - CIT(A) has categorically mentioned that the cash book, purchase register and all individual invoices where cash transaction had taken place have been thoroughly checked and it is found that not a single such transaction actually exceeded the threshold limit of Rs.20,000/-. In view of the aforesaid factual finding given by the CIT(A) there is no violation of the provisions of section 40A(3) of the Act, we do not find any reason to interfere with the order of the CIT(A) and the same is upheld. - Decided against revenue.

Summary

Issues involved:
Appeal against CIT(A)'s order under Income Tax Act - Violation of section 40A(3) by making cash purchases - Disallowance of amount by Assessing Officer - Explanation by assessee regarding business model and cash purchases - CIT(A) deleting the disallowance - Revenue's appeal dismissed by ITAT Kolkata.

Analysis:
The appeal before the Appellate Tribunal ITAT Kolkata involved the Department challenging the order of the Commissioner of Income Tax (Appeals)-7, Kolkata regarding the disallowance of cash purchases made by the assessee under section 40A(3) of the Income Tax Act. The Assessing Officer had added back the amount of cash purchases to the total income of the assessee, alleging a violation of the said provision. The assessee, a partnership firm dealing in recharge services, explained its business model of providing a single sim multi-recharge platform to retailers. The assessee clarified that the cash purchases were made from various small distributors and retailers for talk-time stock, while bulk purchases were done through cheques and bank transfers. The CIT(A) deleted the disallowance after examining the business model and documents provided by the assessee, noting that no single transaction exceeded the threshold limit of Rs.20,000.

The ITAT Kolkata upheld the CIT(A)'s order, stating that after thorough checking of the cash book, purchase register, and individual invoices, it was found that none of the transactions breached the Rs.20,000 threshold limit. The Tribunal concluded that there was no violation of section 40A(3) based on the factual findings presented by the CIT(A). Consequently, the ITAT Kolkata dismissed the Revenue's appeal, affirming the decision of the CIT(A) in favor of the assessee. The judgment emphasized the importance of adhering to the provisions of the Income Tax Act and conducting detailed assessments to determine compliance with the statutory requirements.