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2023 (9) TMI 753 - AT - Income TaxAddition u/s 68 - unsecured loan - HELD THAT - Once the assessee has discharged the onus cast upon her with regard to identity of the creditors their creditworthiness and genuineness of transactions we are of the considered opinion that there would not be any case for the Department to treat the credits as unexplained under section 68 of the Act. Moreover since the Department has accepted the deletion of addition of Rs.. 45 lakhs loan on similar facts and circumstances we are of the considered opinion that the Department has no case to find fault in the appellate order towards deleting the addition on account of unsecured loan received by the assessee to the extent of Rs.. 2.40 crores along with interest on the above unsecured loans. Accordingly the grounds raised by the Revenue are dismissed. Unsecured loan from minors - assessee has submitted that both the minors have received gifts in the previous assessment year and the amounts were lying in the bank accounts of the minors unused. Thus the minors offered loans to the assessee out of their savings - HELD THAT - It is an admitted fact that the minors have been receiving gifts in earlier years. In fact there was no debit entry in their SB account. To offer a loan credit balances in their accounts are required. Out of their bank balance the minors have offered loans to the assessee. When they have sufficient credit in their accounts creditworthiness cannot be questioned. More so both the minors have furnished their income tax returns which were duly agreed by the Department. Thus we are of the opinion that the ld. CIT(A) was not correct to held that the minors have no independent source of funds to advance the loans. Accordingly we reverse the orders of authorities below and delete the addition as well as interest relating thereon - Thus the ground raised by the assessee is allowed. Addition on account of factory maintenance expenditure - HELD THAT - Once the assessee has furnished detailed confirmation of payment on accounts of factory maintenance expenses to prove the identity of Shri S. Srinivasalu copy of Aadhar PAN ITR etc. were brought on record we are of the considered opinion that the assessee has discharged the primary onus cast upon her and thus the above addition made by the Assessing Officer is liable to be deleted. Accordingly The addition made on account of disallowance of factory maintenance expenses stands deleted and the ground raised by the assessee is allowed. Addition towards payment of electricity charges - HELD THAT - As assessee claims to have made payment to the TNEB and the element of personal usage cannot be ruled out in the absence of production of electricity bills we sustain the addition to the extent of Rs.. 2, 00, 000/- out of addition confirmed by the ld. CIT(A) to the extent of Rs.. 5.00 lakhs and the balance addition of Rs.. 3, 00, 000/- stands sustained. Addition being depreciation and vehicle maintenance expenses - HELD THAT - In this case 10% of the expenditure on maintenance of car was disallowed towards personal use thereby the ld. CIT(A) has observed that the Assessing Officer was justified in disallowing 10% of the depreciation on car. Since the assessee has not given the correct depreciation on car claimed the Assessing Officer has taken 10% of the total depreciation claimed under the 15% block and disallowed the depreciation. Accordingly the ld. CIT(A) confirmed the disallowance of Rs.. 2, 27, 817/- under depreciation and total disallowance under car maintenance expenses. We find no infirmity in the above findings of the ld. CIT(A) and thus the ground raise by the assessee is dismissed. Addition on account of insufficient drawings over and above the addition made by the AO - HELD THAT - Considering the turnover of the assessee at about Rs.. 37 crores and also drawing of Rs.. 12, 00, 000/- as salary from Metro Power Transmission (P) Ltd. during the previous year 2013-14 the drawings towards personal expenses shown by the assessee appears to be very low and accordingly the Assessing Officer enhanced an additional amount of Rs.. 2.00 lakhs. CIT(A) has also observed that the addition of another 2 lakhs thereto the personal expenses appears to be reasonable and fair in totality of the facts and circumstances of the case. Thus we find no reason to interfere with the order passed by the ld. CIT(A) on this issue and accordingly the ground raised by the assessee is dismissed. Partly confirming the computation of income from house property - HELD THAT - assessee claimed that the property was vacant for the whole year and not let out for any period during the year the ld. CIT(A) opined that the assessee may not be entitled to any relief and has to pay tax on the notional rent. Accordingly the ld. CIT(A) confirmed the findings of the Assessing Officer that the notional rent has to be assessed as property income. However since the Assessing Officer has assessed the entire gross rental of Rs.. 5.40, 000/- as income without giving statutory deduction at 30% of the annual value the ld. CIT(A) has confirmed the addition to the extent of Rs.. 3, 78, 000/- after granting statutory deduction of Rs.. 1, 62, 000/- being 30% of Rs.. 5, 40, 000/-. Before us the ld. Counsel for the assessee could not controvert the above findings of the ld. CIT(A) and accordingly the addition confirmed by the ld. CIT(A) stands sustained. Appeal filed by the assessee is partly allowed and the appeal of the Revenue is dismissed.
Issues Involved:
1. Addition on account of unsecured loans. 2. Addition on account of factory maintenance expenditure. 3. Addition on account of electricity charges. 4. Addition on account of depreciation and vehicle maintenance expenses. 5. Addition on account of insufficient drawings. 6. Addition on account of income from house property. Summary: 1. Addition on account of unsecured loans: The assessee filed a return for AY 2014-15 declaring an income of Rs. 89,89,770/-. The assessment was completed under section 143(3) of the Income Tax Act, 1961, with the total income assessed at Rs. 5,04,29,690/- after making various additions. The CIT(A) confirmed the addition of Rs. 23,72,057/- and deleted the addition of Rs. 2,40,00,000/-. The assessee received money from five creditors through banking channels. The Assessing Officer (AO) noted that the transactions appeared genuine but were manipulated, leading to the disallowance of unsecured loans of Rs. 3,07,71,007/- under section 68 of the Act. The CIT(A) held that Rs. 2,85,00,000/- of the addition needed deletion, confirming only Rs. 23,72,057/-. The Tribunal found that the assessee had discharged the initial onus of proving the identity, creditworthiness, and genuineness of the transactions, leading to the deletion of Rs. 2,40,00,000/- and Rs. 45,00,000/- as unsecured loans. The addition of Rs. 23,72,057/- was also deleted as the minors had sufficient credit balances in their accounts. 2. Addition on account of factory maintenance expenditure: The assessee claimed factory maintenance expenses of Rs. 16,77,965/-, out of which Rs. 8,83,600/- paid to S. Srinivasalu was disallowed by the AO due to the absence of confirmation and other supporting documents. The CIT(A) confirmed the addition. The Tribunal found that the assessee had furnished sufficient evidence, including Aadhar, PAN, ITR, and written confirmation, proving the identity of S. Srinivasalu. Therefore, the addition of Rs. 8,83,600/- was deleted. 3. Addition on account of electricity charges: The assessee claimed electricity expenses of Rs. 21,73,053/-. The AO disallowed Rs. 10,00,000/- due to the absence of supporting bills. The CIT(A) granted relief of Rs. 5,00,000/- and confirmed the balance addition of Rs. 5,00,000/-. The Tribunal sustained the addition to the extent of Rs. 2,00,000/-, reducing the confirmed addition by Rs. 3,00,000/-. 4. Addition on account of depreciation and vehicle maintenance expenses: The assessee claimed vehicle maintenance expenses of Rs. 7,29,164/-. The AO disallowed 10% of these expenses and depreciation on the vehicle, totaling Rs. 3,00,730/-, due to the absence of a log-book and personal use. The CIT(A) confirmed the disallowance. The Tribunal found no infirmity in the CIT(A)'s findings and dismissed the ground raised by the assessee. 5. Addition on account of insufficient drawings: The AO added Rs. 2,00,000/- to the assessee's income due to low personal drawings. The CIT(A) confirmed this addition, considering the assessee's high turnover and salary. The Tribunal found the addition reasonable and dismissed the ground raised by the assessee. 6. Addition on account of income from house property: The AO added Rs. 5,40,000/- as notional rent for six vacant flats. The CIT(A) confirmed the addition but granted a statutory deduction of 30%, reducing the addition to Rs. 3,78,000/-. The Tribunal upheld the CIT(A)'s findings as the assessee could not provide sufficient evidence to controvert the decision. Conclusion: The appeal filed by the assessee was partly allowed, and the appeal of the Revenue was dismissed.
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