1979 (11) TMI 123 - AT - Income Tax

Summary

Issues:
1. Addition of interest accrued to the assessee's total income.
2. Disallowance of expenditure under section 40A(3) of the IT Act.

Analysis:

Issue 1: Addition of Interest Accrued
The assessee, a partnership firm engaged in civil construction work, appealed against the addition of Rs. 2,600 as interest accrued to their total income. The contention was based on the absence of any agreement between the assessee and the parties from whom advances were made, regarding recharging interest. The ITAT agreed with the assessee, stating that there was no material contradicting the claim that the advances were not interest-bearing loans. The Tribunal emphasized that the decision to charge interest on advances rests with the assessee, and if no interest was charged, the Department cannot assume interest income. The addition was deemed unwarranted and unjustified, leading to its deletion.

Issue 2: Disallowance of Expenditure under Section 40A(3)
For the assessment year 1973-74, the assessee faced disallowance of Rs. 34,900 under section 40A(3) of the IT Act, related to cash payments exceeding Rs. 2,500 for wages, labor work, and purchase of cement. The ITAT considered the provisions of rule 6DD(j) of the IT Rules, which exempt payments made under exceptional or unavoidable circumstances. The Tribunal upheld the disallowance for payments to Mukadams and labor contractors due to unestablished payee identities. However, the disallowance for the cash payment to Kotak and Company for cement was overturned. The Tribunal accepted the genuineness of the urgent cash payment based on the nature of the transaction, deleting the disallowance. Similarly, in the appeal for the year 1975-76, disallowance under section 40A(3) was contested for payments made for cement purchase and labor work. The Tribunal applied the same reasoning as in the previous year, deleting the disallowance based on rule 6DD(j) exemptions and established payee identities.

In conclusion, the appeals for the years 1972-73 and 1975-76 were allowed, while the appeal for the year 1973-74 was partly allowed.