2025 (4) TMI 651 - AT - Income Tax

Allowability of Commission Expenses in the income tax return which was later stated to be Construction Expenses - HELD THAT - We find merit in the contentions made by assessee and hold that the assessee has actually incurred Construction Expenses but due to inadvertent mistake committed while filing the income-tax return has mentioned it as Commission Expenses . Therefore set-aside the order of the ld.CIT(A)/NFAC and delete the addition made by the AO. Grounds of appeal raised by the assessee are allowed.

ISSUES PRESENTED and CONSIDERED

The core legal issue considered in this judgment was whether the assessee's claim of Rs. 21,28,710/- as 'Commission Expenses' in the income tax return, which was later stated to be 'Construction Expenses', should be accepted or not. The Tribunal needed to determine if the mistake in categorizing the expenses was inadvertent and whether the expenses were genuinely incurred as construction expenses, justifying their deduction under the relevant provisions of the Income-tax Act, 1961.

ISSUE-WISE DETAILED ANALYSIS

Relevant Legal Framework and Precedents

The case revolves around the interpretation and application of Section 37(1) of the Income-tax Act, 1961, which allows for the deduction of any revenue expenditure incurred wholly and exclusively for the purposes of the business or profession. The issue also involves the presumptive taxation scheme under Section 44AD, which allows eligible taxpayers to declare income at a prescribed rate of the gross receipts.

Court's Interpretation and Reasoning

The Tribunal considered the affidavit and submissions made by the assessee, which indicated that the expenses were indeed construction-related and not commission expenses. The Tribunal noted that the error was due to an inadvertent mistake by the counsel while filing the tax return. The Tribunal emphasized the importance of examining the substance of transactions over the form and recognized the genuine nature of the expenses incurred.

Key Evidence and Findings

The assessee provided a paper book containing 77 pages, including the ledger account of construction expenses, which detailed amounts spent on materials like bricks and sand, and labor payments. The affidavit submitted by the assessee reiterated the mistake and explained the nature of the expenses. The Tribunal found no contrary evidence from the Department to refute the assessee's claims.

Application of Law to Facts

The Tribunal applied Section 37(1) to assess whether the expenses were incurred wholly and exclusively for business purposes. Given the evidence provided by the assessee and the absence of any contrary evidence from the Department, the Tribunal concluded that the expenses were indeed construction-related. The Tribunal also considered the applicability of Section 44AD, noting that the declared income exceeded the presumptive income rate, further supporting the assessee's position.

Treatment of Competing Arguments

The Tribunal acknowledged the Department's insistence on substantiating the commission expenses. However, it found the assessee's explanation and evidence convincing, particularly in light of the consistent filing of returns showing income from construction activities. The Tribunal noted the lack of Departmental evidence challenging the nature of the expenses, leading to the conclusion that the assessee's claim was justified.

Conclusions

The Tribunal concluded that the assessee had genuinely incurred construction expenses and that the categorization as commission expenses was an inadvertent error. The Tribunal set aside the orders of the lower authorities and deleted the addition made by the Assessing Officer, allowing the appeal in favor of the assessee.

SIGNIFICANT HOLDINGS

The Tribunal held that "the assessee has actually incurred 'Construction Expenses' at Rs. 21,28,710/- but due to inadvertent mistake committed while filing the income-tax return has mentioned it as 'Commission Expenses'." This holding emphasizes the principle that the substance of transactions should prevail over form, particularly when supported by credible evidence.

The Tribunal established that genuine mistakes in tax filings, when substantiated with adequate evidence, should be sympathetically considered, especially when the taxpayer's declared income exceeds the presumptive income threshold under Section 44AD.

The final determination was to allow the appeal, thereby deleting the addition made by the Assessing Officer and recognizing the expenses as construction-related.

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