9911796707
|
Home
Issues Involved:
1. Confirmation of disallowance of loss in sale of car amounting to Rs. 18,093. 2. Confirmation of disallowance of supervisor charges amounting to Rs. 33,000. 3. Confirmation of purchases relating to earlier years amounting to Rs. 5,038. Issue-wise Detailed Analysis: 1. Confirmation of disallowance of loss in sale of car amounting to Rs. 18,093: The assessee sold a Contessa Car for Rs. 55,000 and claimed a loss of Rs. 18,093, which was the difference between the written down value (WDV) of Rs. 73,093 and the sale price. The Assessing Officer (AO) found it incredible that a car purchased for Rs. 91,367 just a year ago could be sold for such a low amount. The AO disallowed the claim, suggesting that the car was likely sold for a higher price, although no evidence was provided to prove this. The first appeal reiterated that the car had met with an accident, became defective, and gave low mileage, but the appellate authority was not convinced and upheld the AO's decision. The Tribunal agreed with the lower authorities, stating that the assessee failed to provide evidence of the accident or any other reason for the low sale price. The Tribunal referenced the Supreme Court case of CIT v. Durga Prasad More, emphasizing that human probabilities must be considered and that the sale price was contrary to human conduct. Therefore, the loss of Rs. 18,093 was not allowable. However, a dissenting opinion was provided by another member of the Tribunal, who argued that doubts and suspicions could not replace proof. Referencing CIT v. A. Raman & Co., the dissenting member stated that the law does not require a trader to maximize profits and that an assessment cannot be made on income that could have been earned without evidence. The dissenting opinion held that the onus was on the Department to prove that a higher consideration was received, which was not discharged. Consequently, the disallowance of Rs. 18,093 was deleted in this dissenting opinion. The matter was referred to a Third Member due to the dissent. The Third Member agreed with the original Tribunal's decision, emphasizing that the assessee failed to provide minimal evidence of the car accident and subsequent loss. The Third Member concluded that the loss of Rs. 18,093 was not allowable, and the disallowance was justified. 2. Confirmation of disallowance of supervisor charges amounting to Rs. 33,000: The assessee claimed Rs. 33,000 as supervisory charges paid to three individuals but failed to provide full details, addresses, or copies of bills. The appellate authority noted that the assessee conceded that many expenses were not verifiable and argued that the reasonable profit percentage should justify the supervisory charges. However, the inability to produce the individuals or their details led the appellate authority to confirm the AO's disallowance. The Tribunal upheld this decision, agreeing that the assessee failed to provide evidence of engaging the three persons for supervisory work. The payments were made in cash, and no addresses or particulars were furnished. Therefore, the expenditure claimed for supervisory charges was not allowable in law, and the addition was affirmed. 3. Confirmation of purchases relating to earlier years amounting to Rs. 5,038: The assessee claimed Rs. 5,038 as expenditure towards purchases related to earlier years. The Tribunal found no merit in the assessee's case, noting that the expenditure related to a prior year and could not be allowed in the current year. The appellate authority's decision to confirm the addition was upheld, and no interference was deemed necessary. Conclusion: The appeal was dismissed, with the Tribunal affirming the disallowances made by the lower authorities on all three issues. The Third Member's opinion resolved the dissent regarding the disallowance of loss on the sale of the car, confirming that the loss was not allowable due to the lack of evidence provided by the assessee.
|
