2018 (1) TMI 1036 - AT - Income Tax

Assessment under section 153A - Disallowance u/s 40A(3) - Held that - It is observed that in the assessment under section 153A for the year under consideration Ld.AO should have started the assessment from the last assessed income, instead of starting with the returned income. It is observed that assessing officer in the proceedings under section 153A of the Act again made same disallowance, made by his predecessor in original assessment proceedings, which has been deleted by this Tribunal 2016 (5) TMI 457 - ITAT DELHI Thus respectfully following the same we delete the addition made by Ld. AO under section 40A (3) of the Act. - Decided in favour of assessee

Summary

Issues:
1. Disallowance under section 40A(3) of the IT Act for cash payment made for purchase of land.
2. Correctness of the disallowance upheld by the CIT (A).
3. Interpretation of section 40A(3) in relation to claimed deductions.

Analysis:
1. The appellant challenged the disallowance of ?13,43,600 under section 40A(3) of the IT Act for a cash payment made for land purchase, contending that the disallowance was not claimed as an expense in the income computation. The original assessment was completed under section 143(3), and a subsequent assessment under section 153A was initiated post a search and seizure operation. The AO made the same disallowance as the original assessment, which was upheld by the CIT (A).

2. The appellant argued that the disallowance was unjustified as the expense was not claimed, citing judgments from the Rajasthan High Court and Punjab & Haryana High Court. These judgments emphasized that section 40A(3) does not apply when an expenditure is not claimed as a deduction. The Tribunal in a previous order for the same assessment year had already deleted a similar disallowance, stating that the disallowance was incorrectly invoked as no expenses related to the addition were claimed.

3. The Tribunal noted that the AO should have started the assessment under section 153A from the last assessed income and not the returned income. Relying on the previous Tribunal order, the Tribunal deleted the disallowance made by the AO under section 40A(3). The grounds raised by the appellant were allowed, and the appeal was deemed successful.

This detailed analysis highlights the legal arguments, precedents cited, and the Tribunal's decision in favor of the appellant based on the interpretation of section 40A(3) and the absence of claimed deductions. The judgment underscores the importance of correctly applying tax provisions and considering relevant judicial precedents in tax assessments.