9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (8) TMI 1362 - AT - Income TaxAdditions u/s 43B - elayed payment of employees contribution towards Provident Fund - according to assessee, the assessee deposited the said amount before due date of filing of income tax return - Held that -amendment to the second proviso to section 43B of the Act as introduced by Finance Act, 2003 was curative in nature and is required to be applied retrospectively with effect from 1st April, 1988 - No additions - Decided against the revenue. Deduction of expenses - truck operating expense - payment of cash on account of salary to truck helper - Held that - We note the books of the assessee are audited and the AO has not been able to point out any defect in the books maintained by the assessee. The AO has not rejected the books. In such a scenario, if the AO finds that assessee has not maintained any evidence/material to substantiate the expenses claimed by it, can disallow item wise expenditure claimed. Ad hoc disallowance (10%) of expenditure is not in accordance to law and can be termed as arbitrary exercise of power which has no sanction of law and, therefore, we do not find any infirmity in the order of the Ld. CIT(A) and so we confirm the same. - Decided against the revenue.
Issues Involved:
1. Deletion of addition on account of delayed payment of employees' contribution towards Provident Fund. 2. Allowance of interest expenditure on TDS debited in the Profit & Loss Account. 3. Allowance of truck operating expenses. Detailed Analysis: 1. Deletion of Addition on Account of Delayed Payment of Employees' Contribution towards Provident Fund: The Revenue appealed against the orders of the Ld. CIT(A) who deleted the addition made by the AO for the delayed payment of employees' contribution towards Provident Fund. The AO disallowed the contribution as it was not made within the due date prescribed by the statute. However, the assessee argued that the payment was made before the due date of filing the income tax return, making it eligible for the benefit under section 43B of the Income-tax Act, 1961. The Ld. CIT(A) agreed with the assessee, citing judicial pronouncements that supported the allowance of such contributions if made before the due date of filing the return. The Tribunal noted that the issue was covered by the decision of the Hon’ble Calcutta High Court in CIT Vs. Coal India Ltd. and CIT Vs. Vijay Shree Ltd., which held that the amendment to section 43B was curative and applicable retrospectively. Thus, the Tribunal dismissed the Revenue's appeals for AY 2012-13 to 2014-15 on this ground. 2. Allowance of Interest Expenditure on TDS Debited in the Profit & Loss Account: For AY 2012-13, the Revenue challenged the Ld. CIT(A)'s decision to allow the assessee's claim of interest expenditure on TDS debited in the Profit & Loss Account. The AO had disallowed this expenditure, considering it penal in nature. However, the Ld. CIT(A) ruled that the interest paid for delayed payment of TDS was compensatory and not penal, thus allowable under section 37 of the Income-tax Act. The Tribunal referred to a similar case, DCIT Vs. M/s. Narayani Ispat Pvt. Ltd., where it was held that interest on delayed payment of service tax and TDS is compensatory and allowable as a deduction. The Tribunal confirmed the Ld. CIT(A)'s order and dismissed the Revenue's appeal for AY 2012-13. 3. Allowance of Truck Operating Expenses: For AY 2013-14, the Revenue contested the Ld. CIT(A)'s decision to allow truck operating expenses claimed by the assessee. The AO had disallowed 10% of these expenses on an ad-hoc basis, citing unverifiable cash payments and a significant increase in expenses compared to the previous year. The assessee explained that the expenses were due to increased operations and additional new vehicles. The Ld. CIT(A) found the books of accounts to be audited and reliable, and noted that the AO had not found the expenses to be non-genuine or unrelated to the business. The Tribunal agreed with the Ld. CIT(A), stating that ad-hoc disallowance without rejecting the books of accounts or item-wise disallowance of specific expenses was arbitrary and not in accordance with the law. Thus, the Tribunal dismissed the Revenue's appeal for AY 2013-14. Conclusion: All the appeals filed by the Revenue for AY 2012-13 to 2014-15 were dismissed. The Tribunal upheld the Ld. CIT(A)'s decisions regarding the deletion of additions for delayed PF contributions, allowance of interest expenditure on TDS, and allowance of truck operating expenses. The Tribunal's decisions were based on established judicial precedents and the principles of law.
|
