2013 (11) TMI 367 - AT - Income Tax

Additions on account of bogus purchases - accommodation bills - AO disallowed only 20% - before ITAT revenue claimed addition of entire amount Held that - AO gave a finding that even though the purchases from M/s Triton Infotech Ltd. are by way of accommodation bills, it can not be ruled out that assessee did purchase from grey market. AO only disallowed 20% of the so called purchases which was restricted to the possible savings and tax at 4% - In this case and fact that AO only restricted to 20% of purchases claimed, it is surprising that the revenue now contends that the entire amount is disallowable. When Assessing Officer did not make disallowance of entire amount, ITAT can not improve upon the order of Assessing Officer Decided in favor of Assessee. Disallowance u/s 14A of the Income Tax Act - Held that - Appellant has Rs. 77.23 crores interest free funds available with him and advanced loan of Rs. 54.68 crores as interest free. The AO has not denied these facts but only on the presumption that possibility of use of interest bearing funds fro non business purposes could not be ruled out and made an ad hoc disallowance of 50% of interest expenses Relying upon the judgment of the Hon ble Supreme Court in the case of Munjal Sales Corporation Vs. CIT 2008 (2) TMI 19 - Supreme Court held that the disallowance made by the AO on ad hoc basis is not sustainable Decided in favor of Assessee.

Summary

Issues Involved:
1. Disallowance of interest expenses.
2. Disallowance of purchases from M/s. Triton Infotech Pvt. Ltd.
3. Disallowance under Section 14A.
4. Application of Section 40A(3).

Issue-wise Detailed Analysis:

1. Disallowance of Interest Expenses:
The assessee claimed interest expenditure of Rs.16,78,379/-. The AO found that the assessee advanced loans of Rs.58.72 crores, out of which Rs.54.68 crores were interest-free. The AO opined that since funds were mixed, there was a possibility of using interest-bearing funds for interest-free loans, leading to a disallowance of 50% of interest expenses, resulting in an addition of Rs.6,53,593/-. The CIT(A) deleted this addition, noting that the assessee had sufficient interest-free funds (Rs.77.23 crores) to cover the interest-free loans and had already disallowed Rs.1,85,597/- proportionately. The tribunal upheld the CIT(A)'s decision, citing the Supreme Court's decision in Munjal Sales Corporation Vs. CIT, confirming that no disallowance is required if sufficient interest-free funds are available.

2. Disallowance of Purchases from M/s. Triton Infotech Pvt. Ltd.:
The AO disallowed Rs.55,72,000/- (later reduced to Rs.52,92,000/-) from purchases made from M/s. Triton Infotech Pvt. Ltd., based on the director's statement that the company issued accommodation bills. The CIT(A) restricted the disallowance to Rs.11,20,000/-, considering the applicable sales tax rate of 4%. The tribunal confirmed the CIT(A)'s order but directed the AO to give further benefit of 1% of sales offered by the assessee. The revenue's appeal on this issue was rejected, as the AO's 20% disallowance was deemed without evidence, and the CIT(A)'s reasonable estimate was upheld.

3. Disallowance under Section 14A:
The AO disallowed Rs.68,000/- under Section 14A, which was reduced by the assessee to Rs.2,000/-. The CIT(A) directed the AO to determine a reasonable amount following the Bombay High Court's decision in Godrej & Boyce vs. DCIT. The tribunal upheld the CIT(A)'s direction, rejecting the revenue's contention that the decision was not accepted.

4. Application of Section 40A(3):
The revenue raised a new ground before the ITAT, arguing that disallowance should be under Section 40A(3) for cash purchases. This was rejected as neither the AO nor the CIT(A) considered this provision, and the fact that purchases were made in cash was not on record. The tribunal dismissed this ground, stating it cannot be considered at this stage.

Conclusion:
The tribunal partly allowed the assessee's appeal by directing further benefit of 1% of sales offered and dismissed the revenue's appeal in its entirety, upholding the CIT(A)'s decisions on disallowance of interest expenses, purchases, and Section 14A disallowance. The tribunal emphasized the need for evidence-based estimates and upheld the principle that sufficient interest-free funds negate the need for interest disallowance.