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2024 (6) TMI 1203 - AT - Income TaxDisallowance of deduction u/s 10(23C)(iiiad) - AO noted that to verify those expenses, the assessee was given various opportunities but assessee did not provide necessary vouchers and details but noted that certain information was received from ITBA which was examined - HELD THAT - Assessee was given various opportunities but he did not produce books of accounts and vouchers. AO further said that some information was received through ITBA but the AO did not specify the documents and information which have been given by the assessee. Interest of justice would be served if the matter is remitted to AO. AO is directed to decide the issue afresh after giving adequate opportunity of being heard to the assessee. Assessee is also directed to cooperate with AO in this regard. Appeal of the assessee is allowed for statistical purposes.
Issues:
1. Disallowance of court fine amount of Rs. 3,30,000. 2. Tax treatment of surplus amount of Rs. 67,044 under section 10(23C)(iiiad). 3. Disallowance of expenses amounting to Rs. 2,89,637. 4. Disallowance of reserve for fixed assets amounting to Rs. 8,80,000. Issue 1 - Disallowance of Court Fine (Rs. 3,30,000): The AO disallowed the court fine amount as the school was involved in illegal activities, leading to a fine imposed by the High Court. The fine was related to the school's lack of proper recognition and affiliation for certain classes, resulting in a violation of the law. The AO considered this amount as disallowed and added it to the assessee's income. Issue 2 - Tax Treatment of Surplus Amount (Rs. 67,044): The AO disallowed the surplus amount as taxable under section 10(23C)(iiiad) due to the school's involvement in illegal activities. The assessee failed to provide necessary vouchers and details to verify the claimed expenses. The AO found the expenses unverified and disallowed a portion of Rs. 2,89,637 from the claimed expenses. Issue 3 - Disallowance of Expenses (Rs. 2,89,637): The AO disallowed expenses amounting to Rs. 2,89,637 as the assessee did not produce vouchers for verification, leading to unverified expenses. The disallowance was based on 1/10th of the total claimed expenses, considering the lack of necessary documentation. Issue 4 - Disallowance of Reserve for Fixed Assets (Rs. 8,80,000): The AO disallowed the reserve for fixed assets amounting to Rs. 8,80,000, considering it as capital expenditure and therefore not allowable. The assessee appealed to the CIT (A), who confirmed the disallowances, leading to the appeal before the ITAT. The ITAT, after hearing both parties, noted that the AO did not specify the documents and information provided by the assessee. Therefore, the matter was remitted back to the AO for a fresh decision after providing adequate opportunity to the assessee. The appeal of the assessee was allowed for statistical purposes, emphasizing the importance of cooperation between the assessee and the AO in resolving the issues. The judgment was pronounced on January 18, 2024, by the ITAT Delhi.
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