1975 (8) TMI 60 - AT - Income Tax

Summary

Issues:
1. Reduction of trading profit addition by the ITO
2. Validity of the addition of Rs. 5,000 sustained by the AAC
3. Disallowance of car expenses claimed
4. Disallowance of 1/2 of depreciation on the jeep
5. Disallowance of Rs. 500 out of short recoveries

Analysis:

1. The appeal involved the Department's objection to the reduction of trading profit addition by the ITO. The ITO had added Rs. 51,937 to the trading profit due to a perceived fall in gross profit. The assessee argued that the change in business to manufacturing steel pipe structures justified the lower profit margin. The AAC reduced the addition to Rs. 5,000, citing reasonable gross profit. The Tribunal found the ITO's addition baseless, considering the change in business and clarified defects in expenses before the AAC.

2. The validity of the addition of Rs. 5,000 sustained by the AAC was also challenged. The Tribunal concluded that the AAC's decision lacked a basis as the gross profit of 11% disclosed by the assessee was reasonable. The absence of a stock register alone was insufficient to reject the book results. The Tribunal deleted the Rs. 5,000 addition, considering it speculative and unsupported by evidence.

3. The issue of disallowance of car expenses claimed was raised, with the ITO disallowing 1/2 of the expenses due to non-business use by partners. The AAC upheld the disallowance based on past practice. The Tribunal noted that the conveyance was an old model jeep used exclusively for business and reduced the disallowance to 1/5th of the claimed expenses.

4. Another objection related to the disallowance of 1/2 of depreciation on the jeep, which was also reduced to 1/5th by the Tribunal. Finally, an objection regarding the disallowance of Rs. 500 out of short recoveries was rejected as it was not pressed.

5. The Tribunal dismissed ITA No. 2683 and allowed C.O. 97 in part, modifying the assessment to reflect the reduced disallowances of car expenses and depreciation on the jeep.