9911796707
|
Home
Issues:
1. Assessment of gross profit on rubber sales. 2. Disallowance of freight charges. Analysis: Issue 1: Assessment of gross profit on rubber sales The assessee, a partnership firm dealing in rubber sales, appealed against the addition made by the Assessing Officer to its income. The Assessing Officer questioned the discrepancy in the classification and pricing of rubber sales to different parties, suspecting underinvoicing and collusion. The learned CIT(A) reduced the addition but still upheld a portion of it. However, the ITAT Cochin found no concrete evidence to support the suspicion of underinvoicing or collusion. The ITAT emphasized that the accounts were well-maintained, supported by proper documentation, and no discrepancies were found in purchases or sales. The ITAT criticized the speculative conclusions drawn by the lower authorities based on mere price differentials, lack of evidence of deliberate misrepresentation, and absence of comparable cases to justify the suspicion. Consequently, the ITAT deleted the addition, ruling in favor of the assessee. Issue 2: Disallowance of freight charges The Assessing Officer disallowed a portion of freight charges debited in the accounts, suspecting collusive transactions between the assessee and a sister concern due to higher payment rates. The ITAT Cochin upheld the disallowance, citing the excessive payment to the sister concern compared to normal rates in similar cases. Despite acknowledging the genuineness of the payment, the ITAT emphasized the need for reasonableness in the amount paid. Therefore, the disallowance of Rs. 18,400 was sustained by the ITAT Cochin. In conclusion, the ITAT Cochin partially allowed the appeal, deleting the addition related to gross profit assessment but upholding the disallowance of freight charges.
|
