2012 (7) TMI 375 - HC - Income Tax

Disallowance of freight charges on account of TDS not being deducted - invoking Section 40(a) (ia)- Held that - Assessee had not produced any material to establish the contention of the assessee, but from making a bald assertion. It was also found from the records that the assessee had made the payment subsequently after the due date and wrongly said that the department had entered the finding of liability to freight charges merely on the fact of the subsequent deposit made - against assessee. Addition of liability in hands of assessee - invoking Section 41(1) - Held that - Assessee had not produced anything to show the subsisting liability towards the alleged creditors and no evidence placed with respect to the payments made and no consequent acknowledgment of such credits were proved by the assessee - against assessee. cash credits added on to the income returned - invoking Section 68 - Held that - Assesse s contended the cash credits to be advances from customers who had made orders for specified goods but was unable to provided details of the persons who made such advances - said advances were cash infused by the assessee into the business to make up the short fall in cash - no substantial question of law raised in appeal - against assessee.

Summary

Issues:
1. Disallowance of freight charges for non-deduction of TDS
2. Disallowance of two sundry creditors' amounts
3. Treatment of advance amounts as cash credits under Section 68 of the Income Tax Act

Analysis:

1. Disallowance of Freight Charges for Non-Deduction of TDS:
The appellant argued that since they had no direct contract with the transporter and the liability to pay freight charges was on the supplier, there was no obligation to deduct TDS. However, the Tribunal found that the appellant had paid the freight charges directly to the transporter without evidence to support their claim. The Tribunal dismissed the argument as a mere assertion without factual basis, especially noting that the payment was made after the due date. Consequently, the disallowance was upheld based on facts, and no legal question arose from this issue.

2. Disallowance of Two Sundry Creditors' Amounts:
Regarding the disallowance of the two sundry creditors' amounts, the appellant failed to provide any evidence demonstrating the existence of liabilities towards these creditors. The absence of proof of payments made or acknowledgments of such credits led to the conclusion that this issue did not raise any legal question.

3. Treatment of Advance Amounts as Cash Credits:
The appellant claimed that the advance amounts received were from customers who had placed orders for specific goods, arguing it was a common business practice for future product deliveries. However, the appellant admitted to not knowing the details of the customers who made these advances, weakening their assertion. The Tribunal found that the advances were actually cash infusions by the appellant to cover cash shortfalls, as evidenced by the books of accounts. The disallowances were deemed valid by the Assessing Officer, and the appellant failed to substantiate their claims before the Lower Authorities. The Tribunal's decision was based on factual findings, and the issues raised did not qualify as legal questions. Therefore, the appeal was rejected, and no legal grounds were found to challenge the Tribunal's decision under Section 260A of the Income Tax Act.

In conclusion, the judgment upheld the disallowances made by the Assessing Officer, emphasizing the lack of factual basis for the appellant's contentions. The decision was based on factual assessments, and the appellant's arguments did not present legal questions warranting a different outcome.