1991 (1) TMI 187 - AT - Income Tax

Issues Involved:
1. Disallowance of commission payment to M/s. M.S. Textiles.
2. Expenditure on repairs to motor-cars u/s 37(3A).
3. Quantification of addition u/s 37(3A) for traveling, labor welfare, and hotel expenses.
4. Inclusion of discounts allowed to customers in quantification of addition u/s 37(3A).
5. Inclusion of commission paid to M/s. Blow Plast Ltd. and Kemps & Co. in quantification of addition u/s 37(3A).
6. Quantification of entertainment expenditure.
7. Quantification of disallowance u/s 37(3A) for entertainment and staff welfare expenses.
8. Disallowance of accommodation expenses u/s 40A(5).
9. Disallowance of extra shift allowance on jigs, tools, fixtures, internal telephone, scales, and electric installations.
10. Disallowance of investment allowance on canteen equipment.
11. Levy of interest u/s 215.
12. Department's appeal on additional depreciation and investment allowance for dies, jigs, fixtures, weighing scales, and electrical installations.

Summary of Judgment:

1. Disallowance of Commission Payment to M/s. M.S. Textiles:
The main issue was the disallowance of Rs. 26,99,863 claimed as commission payable to M/s. M.S. Textiles. The department argued that there was no evidence of work done by M/s. M.S. Textiles, and major part of the commission was passed on to M/s. Bafna Traders, which could not be traced. The assessing officer and CIT(A) found no documentary evidence of work done by M/s. M.S. Textiles or M/s. Bafna Traders. The Tribunal found that there was no nexus between the payments made and the work done, and thus, the assessee's ground of appeal was rejected. However, the Judicial Member dissented, arguing that the steep increase in sales indicated services rendered by M/s. M.S. Textiles through M/s. Bafna Traders. The matter was referred to a third member who agreed with the Judicial Member, allowing the deduction.

2. Expenditure on Repairs to Motor-Cars u/s 37(3A):
The Tribunal held that the expenditure on repairs of cars is covered by section 31 and should be ignored in the quantification of addition u/s 37(3A), accepting the assessee's ground of appeal.

3. Quantification of Addition u/s 37(3A) for Traveling, Labor Welfare, and Hotel Expenses:
This set of grounds of appeal was not pressed before the Tribunal and was rejected.

4. Inclusion of Discounts Allowed to Customers in Quantification of Addition u/s 37(3A):
The Tribunal upheld the assessee's contention that the sum of Rs. 3,405 representing discounts allowed to customers should not be considered in the quantification of addition u/s 37(3A).

5. Inclusion of Commission Paid to M/s. Blow Plast Ltd. and Kemps & Co. in Quantification of Addition u/s 37(3A):
The Tribunal held that no part of the sales commission of Rs. 8,27,431 paid to these parties is includible in the quantification of addition u/s 37(3A), accepting the assessee's ground of appeal.

6. Quantification of Entertainment Expenditure:
The Tribunal reduced the estimate of entertainment expenditure from 30% to 20%, partially accepting the assessee's contention.

7. Quantification of Disallowance u/s 37(3A) for Entertainment and Staff Welfare Expenses:
The Tribunal agreed with the assessee that neither the element of entertainment expenditure nor the sum of Rs. 14,407 out of staff welfare expenses would be includible in the quantification of addition u/s 37(3A).

8. Disallowance of Accommodation Expenses u/s 40A(5):
The Tribunal upheld the CIT(A)'s view that the accommodation used by Mr. Chowdhary, Vice President of the assessee-company, was not partly for official purposes, and thus, the disallowance was justified.

9. Disallowance of Extra Shift Allowance on Jigs, Tools, Fixtures, Internal Telephone, Scales, and Electric Installations:
The Tribunal directed the assessing officer to accept the assessee's claim for extra shift allowance on these items, following previous decisions in the assessee's own case.

10. Disallowance of Investment Allowance on Canteen Equipment:
The Tribunal upheld the assessee's claim for investment allowance on canteen equipment, following a previous decision in a similar case.

11. Levy of Interest u/s 215:
The Tribunal noted that the levy of interest u/s 215 would be consequential.

12. Department's Appeal on Additional Depreciation and Investment Allowance for Dies, Jigs, Fixtures, Weighing Scales, and Electrical Installations:
The Tribunal dismissed the departmental appeal, relying on previous decisions in the assessee's own case, holding that these items constitute plant and are eligible for additional depreciation and investment allowance.

The appeal was treated as partly allowed for statistical purposes.

← Previous Next →