2012 (2) TMI 277 - AT - Income Tax

Assessee exporting human hair - Cash purchases - AO disallowed 25% cash & cheque purchases - CIT(A) restricted disallowance upto 20% - Held That - Quantitative details cannot be accepted to be true and correct because internally prepared purchase memos are not reliable at all in absence of name, address and signature of the vendors. What is surprising is that even signature or thumb impression has not been taken on any memo, which leads to the conclusion that some or all of them have been prepared by the assessee at its convenience. CIT(A) was correct in disallowing 20%. All details were provided for cheque purchases thus no disallowance required. Addition on account of purchases from director - CIT(A) Purchases were made by cheques and duly accounted in stock register - Purchases at Rs.2806/- per kg. as against overall average purchase price of Rs.3233 per kg. - Held That - When relevant material were on record, additions cannot be made. On the above factual matrices, purchases cannot be disallowed.

Issues Involved:
1. Deletion of addition on account of unverifiable, unvouched cash purchases.
2. Deletion of addition on account of rejection of books of account.
3. Deletion of addition on account of non-business expense made by the Director.
4. Deletion of addition on account of purchase of agricultural land.
5. Deletion of addition on account of expenses incurred on telephone and business promotion.
6. Disallowance of 20% of the entire cash purchases by invoking the provisions of section 40A(3).
7. Disallowance of expenses incurred on vehicle running and maintenance.

Detailed Analysis:

1. Deletion of Addition on Account of Unverifiable, Unvouched Cash Purchases:
The AO disallowed 25% of the cash purchases amounting to Rs.41,81,345/- due to unverifiable receipts and lack of proper documentation. The CIT(A) reduced this disallowance to 20%, resulting in a disallowance of Rs.33,45,075/-, citing that the assessee manipulated cash purchases to circumvent section 40A(3). The ITAT upheld the CIT(A)'s decision, noting that the facts were similar to the previous year where a 20% disallowance was deemed appropriate.

2. Deletion of Addition on Account of Rejection of Books of Account:
The AO added Rs.2,00,42,284/- by rejecting the books of account, citing unsatisfactory valuation of stock and quality of human hair. The CIT(A) deleted this addition, stating that no specific deficiencies were pointed out in the books and the weighted average method of valuation was appropriate. The ITAT upheld this deletion, noting the absence of any material discrepancies in the books of account.

3. Deletion of Addition on Account of Non-Business Expense Made by the Director:
The AO disallowed Rs.7,99,960/- for purchases from a director, suspecting it to be a method to transfer funds. The CIT(A) deleted this disallowance, noting that the purchases were made by cheque, entered in the stock register, and the price paid was reasonable. The ITAT upheld this deletion, finding no evidence to support the AO's suspicion.

4. Deletion of Addition on Account of Purchase of Agricultural Land:
The AO added Rs.7,50,000/- for the purchase of agricultural land, questioning the business expediency and source of payment. The CIT(A) deleted this addition, noting that the purchase was reflected in the balance sheet and supported by bank statements and purchase deeds. The ITAT upheld this deletion, finding the investment duly accounted for and explained.

5. Deletion of Addition on Account of Expenses Incurred on Telephone and Business Promotion:
The AO disallowed 25% of telephone and business promotion expenses. The CIT(A) deleted this disallowance, following the previous year's decision. The ITAT upheld this deletion, noting that the expenses were incurred for business purposes, and no contrary evidence was presented by the Revenue.

6. Disallowance of 20% of the Entire Cash Purchases by Invoking the Provisions of Section 40A(3):
The CIT(A) upheld the disallowance of 20% of cash purchases, amounting to Rs.33,45,075/-, citing manipulation to circumvent section 40A(3). The ITAT agreed, noting the internal memos supporting the purchases were unreliable, and the books of account were not complete and correct.

7. Disallowance of Expenses Incurred on Vehicle Running and Maintenance:
The AO disallowed Rs.2,50,000/- for vehicle running and maintenance expenses. The CIT(A) upheld this disallowance, noting the lack of evidence for business use. The ITAT, following the previous year's decision, deleted this disallowance, citing that the expenses were for business purposes and any benefit to directors should be taxed as perquisites.

Conclusion:
The appeal of the Revenue was dismissed, and the appeal of the assessee was partly allowed. The ITAT upheld the CIT(A)'s decisions on most issues, finding no material discrepancies or contrary evidence presented by the Revenue.

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