2012 (11) TMI 138 - AT - Income Tax

Addition of Rs.10,61,294/- on account of estimated sales Held that - As Books of accounts of assessee are not rejected u/s 145(3) of the IT Act and the sales tax authorities have also assessed the sales as recorded by assessee - estimated addition made by AO is not sustainable in the eyes of law - ground raised by assessee is allowed. Disallowance made on account of car maintenance as well as depreciation on car Held that - Held that - there is no infirmity in the orders of revenue authorities in disallowing the same as car was not used for the purpose of business - expenditure not incurred wholly and exclusively for the business of the assessee is disallowed - ground raised by assessee is dismissed. Disallowance of addition on account of advertisement expenses Held that - Assessee is not able to substantiate the said expenditure by producing the evidence either before the AO or before CIT(A) or even before this Tribunal - No infirmity in the orders of the revenue authorities ground raised by assessee is dismissed. Disallowance made u/s 40A(3) of the IT Act Held that - No disallowance u/s 40A(3) is required on account of meat, chicken and egg purchases in cash in excess of Rs. 20,000/- as they are daily expenses. However, the rent is not exempted under this rule - disallowance on account of the rent made in excess of Rs.20,000/- on particular dates as recorded in the assessment order is confirmed - ground raised by assessee is allowed in part. Disallowance from Bazar purchase Rs.55,246/- was not taken in original grounds of appeal, although it was the day to day business expenses and so never disallowed in any earlier assessment - Additional ground is dismissed since it is not arising out of the impugned order - In the result the appeal of assessee is allowed in part.

Summary

Issues Involved:
1. Addition of estimated sales amounting to Rs.10,61,294.
2. Disallowance of car maintenance and depreciation expenses.
3. Disallowance of advertisement expenses.
4. Disallowance made under section 40A(3) of the IT Act.
5. Additional ground raised regarding disallowance from Bazar purchase.

Analysis:

Issue 1: Addition of Estimated Sales:
The Assessing Officer added Rs.10,61,294 on account of estimated sales based on a survey and partner's statement. The CIT(A) confirmed the addition. However, the ITAT found that the books of accounts were not rejected under section 145(3) and sales were approved by tax authorities. Consequently, the estimated addition was deemed unjustifiable, leading to the deletion of the Rs.10,61,294 addition.

Issue 2: Disallowance of Car Expenses:
The AO disallowed Rs.7,055 for car maintenance and Rs.2,265 for car depreciation as the car was not used for business purposes according to the partner's confession. The CIT(A) upheld the disallowance, and the ITAT concurred, stating that the car was not utilized for business, resulting in the dismissal of the appeal on this ground.

Issue 3: Disallowance of Advertisement Expenses:
An amount of Rs.5,000 on advertisement expenses was disallowed due to lack of evidence and explanation by the assessee. Despite multiple opportunities, the assessee failed to substantiate the expenditure's genuineness, leading to the confirmation of the disallowance by the ITAT.

Issue 4: Disallowance under Section 40A(3):
The AO disallowed Rs.96,933 under section 40A(3) for cash payments exceeding Rs.20,000. The CIT(A) upheld the disallowance partially. The ITAT ruled that meat, chicken, and egg purchases were exempt under Rule 6DD(j)(ii) of the IT Rules, thus deleting the disallowance on these items but confirming it on rent exceeding Rs.20,000.

Issue 5: Additional Ground on Bazar Purchase Disallowance:
The additional ground raised by the assessee regarding disallowance from Bazar purchase was dismissed by the ITAT as it did not arise from the impugned order and was not raised before the CIT(A), resulting in its rejection.

In conclusion, the ITAT allowed the appeal in part by deleting the addition of estimated sales, confirming the disallowance of car expenses and advertisement expenses, partially allowing the disallowance under section 40A(3), and dismissing the additional ground on Bazar purchase disallowance.