2015 (3) TMI 674 - AT - Income Tax

Addition of unexplained credit notes - AO's view to addition / disallowance of 50% of the value of the credit notes was to be made due to the fact that, though required to furnish the details of claims made to M/s. ITC Ltd. and the details of expenditure incurred with supporting vouchers, the assessee was unable to furnish the list of claims made to M/s. ITC Ltd. and the assessment was getting barred by limitation - Held that - Before us, the learned Authorised Representative submitted that all details of the expenditure of ₹ 2,19,93,412 incurred on behalf of M/s. ITC Ltd. on account of sales promotional activity were fully vouched for and the details of claims made from M/s. ITC Ltd. for reimbursement thereof were always available for verification, but the Assessing Officer primarily made the disallowance due to paucity of time, since the assessment was getting barred by limitation. As find from the impugned order, that the learned CIT (Appeals) has just upheld the adhoc disallowance made by the Assessing Officer without any examination or cross verification. In this factual matrix, we are of the view that the authorities below have failed to fully and thoroughly examine the assessee's claim of the incurring of expenditure on sales promotion on behalf of M/s. ITC Ltd. and its reimbursement, due to paucity of time. We also find that there has been a failure on the part of the authorities below to cross verify the claims of the assessee in this regard with M/s. ITC Ltd. and whether at all there was an element of income therein. - Decided in favour of assessee for statistical purposes.

Summary

Issues:
- Disallowance of unexplained credit notes
- Appeal against the order of the Commissioner of Income Tax (Appeals) (LTG), Bangalore

Issue 1: Disallowance of unexplained credit notes
The assessee, a wholesale dealer and distributor, filed its return for Assessment Year 2008-09, admitting income of Rs. 28,28,340. The assessment under section 143(3) resulted in determining the income at Rs. 3,14,12,608 due to various additions/disallowances, including unexplained income, cash additions, and credit notes. The CIT (Appeals) allowed partial relief by deleting some additions but confirmed Rs. 1,09,96,706 as unexplained cash credits. The assessee appealed to the Tribunal challenging this addition. The assessee argued that the disallowed amount was for reimbursable expenditure incurred towards sales promotional activities for ITC Ltd., not claimed as an expenditure in the P&L account. The Assessing Officer (A.O.) and CIT (Appeals) alleged lack of details and genuineness due to cash payments. The Tribunal found that the authorities failed to thoroughly examine the expenditure and reimbursement claims, ordering a fresh examination by the A.O. with proper verification and cross-verification with ITC Ltd. The appeal was treated as allowed for statistical purposes.

Issue 2: Appeal against the order of the Commissioner of Income Tax (Appeals) (LTG), Bangalore
The assessee appealed against the order of the CIT (Appeals) (LTU), Bangalore for Assessment Year 2008-09. The grounds raised included opposition to the A.O.'s decision, especially regarding the addition of Rs. 1,09,96,706 as unexplained credit notes. The assessee contended that the expenses were genuine and reimbursable by ITC Ltd., with all necessary details available. The A.O. had made an ad hoc disallowance without proper verification, causing undue hardship to the assessee. The Departmental Representative supported the disallowance. The Tribunal, after hearing both parties and examining the material, found that the authorities failed to adequately verify the assessee's claims and ordered a fresh examination by the A.O. The Tribunal allowed the appeal for statistical purposes.

In conclusion, the Tribunal directed a fresh examination of the unexplained credit notes issue by the Assessing Officer, emphasizing the need for thorough verification and cross-verification with ITC Ltd. The decision highlighted the importance of proper examination of expenses and reimbursements to ensure fairness and justice in tax assessments.