1978 (11) TMI 100 - AT - Income Tax

Summary

Issues: Discrepancy in amount shown in profit and loss account, disallowance of expenditure claimed by assessee, justification of expenses claimed by Shri Jasraj, adequacy of deduction allowed by AAC.

Discrepancy in amount shown in profit and loss account:
The appeal before the Appellate Tribunal ITAT Madras-D pertained to the assessment year 1973-74 involving a discrepancy in the amount shown in the profit and loss account by the assessee, a bangle manufacturer. The difference of Rs. 22,636 between the draw backs and cash incentives received and the amount shown in the profit and loss account was a key issue. The Income Tax Officer (ITO) contended that the assessee failed to explain the nature of this expenditure, leading to the addition of Rs. 22,636 to the taxable amount.

Disallowance of expenditure claimed by assessee:
The assessee appealed to the AAC, claiming that the expenditure included freight charges and payments to Shri Jasraj for assistance in obtaining draw back amounts. The AAC allowed only Rs. 1,000 as a deduction, questioning the necessity of the claimed expenses. The assessee contested this disallowance, arguing that Shri Jasraj had provided services and had admitted to receiving the amount for expenses incurred, supported by a written statement and citing relevant case law.

Justification of expenses claimed by Shri Jasraj:
The dispute centered on the expenses claimed by Shri Jasraj, including traveling expenses, salary payments, telephone charges, and interest on borrowed funds. The Departmental Representative contended that the expenses were excessive and not warranted, suggesting that the deduction allowed by the AAC was sufficient. The Tribunal examined Shri Jasraj's records and found that the expenses claimed were supported by his income declaration and repayment records, indicating that the amounts were valid and had been settled by the assessee.

Adequacy of deduction allowed by AAC:
After reviewing the submissions and evidence, the Tribunal concluded that Shri Jasraj had rendered services for obtaining draw back amounts, and the claimed expenses were justified. As Shri Jasraj's records corroborated his statements, the Tribunal found no basis for disallowing the expenses in the hands of the assessee. Therefore, the assessee was granted relief of Rs. 14,000, and the appeal was allowed in favor of the assessee.