2016 (2) TMI 352 - HC - Income Tax

Addition u/s 69C - Held that - When the Assessing Officer and the Commissioner concurrently found that there was unexplained expenditure and source of such income was not satisfactorily explained, section 69C of the Act would certainly be applicable. - Decided against assessee Additional depreciation for installation of windmills - Held that - The assessee would be entitled to such depreciation as may be available in term of section 32 of the Act.- Decided against revenue

Summary

Issues:
1. Addition made under section 69C of the Income Tax Act.
2. Confirmation of additions by the Commissioner in revision petitions.
3. Additional question of additional depreciation for installation of windmills.

Analysis:

Issue 1: Addition made under section 69C of the Income Tax Act
The petitions involved the common issue of additions made by the Assessing Officer under section 69C of the Income Tax Act, which were confirmed by the Commissioner in revision petitions filed by the assessee under section 264 of the Act. The Assessing Officer added a specific sum under section 69C based on unaccounted expenditure related to commission payments. The Assessing Officer concluded that the assessee failed to disclose the source of such expenditure, leading to the application of section 69C. The assessee's argument that if the source of expenditure was reflected in the accounts, section 69C would not apply was countered by the Revenue, stating that unexplained expenditure necessitates the application of the section.

Issue 2: Confirmation of additions by the Commissioner in revision petitions
The assessee filed revision petitions under section 264 of the Act, challenging the additions made by the Assessing Officer. However, the Commissioner upheld the view that there was unexplained expenditure and the source was not satisfactorily explained, justifying the application of section 69C. The Assessing Officer's observations, including admissions by company officers and discrepancies in billings, formed the basis for the Commissioner's decision to confirm the additions under section 69C.

Issue 3: Additional question of additional depreciation for installation of windmills
In one of the petitions, an additional question arose regarding the disallowance of additional depreciation for windmills installed by the assessee. The CIT(Appeals) had disallowed the depreciation, citing that the assessee, engaged in power generation and distribution, was not entitled to such deduction. However, referencing a previous case, the court reversed the decision, stating that the assessee should be entitled to depreciation under section 32 of the Act for the windmills installed.

In conclusion, the High Court upheld the additions made under section 69C due to unexplained expenditure, confirmed by the Commissioner, while reversing the decision on additional depreciation for windmills installed by the assessee, granting entitlement to depreciation under section 32 of the Act.