2019 (11) TMI 1293 - AT - Income Tax

Disallowance of 10% miscellaneous expenses on estimation basis - non producing complete details and vouchers - HELD THAT - In the instant case, the assessee has not produced the complete details and vouchers. The assessee produced some self-made vouchers from which the AO found that the personal expenses were also debited to the P L account. Having failed to furnish the complete details and the relevant evidences, AR agreed for the addition. In the facts and circumstances and in all fairness, assessee ought not to have agitated the same in appeal. Instead, the assessee ought to have produced the complete details and proved expenses. In the instant case, we observe from the order of the AO that the assessee failed to furnish the complete details and prove the genuineness of expenditure, hence agreed for disallowance of expenditure on estimation basis. This being the case, we find no merit in the appeal of assessee. Accordingly, we dismiss the Grounds of appeal raised by assessee.

Summary

Issues: Disallowance of 10% miscellaneous expenses on estimation basis.

Analysis:
The appeal was filed against the order of the Commissioner of Income Tax(Appeals)-2, Hyderabad, regarding the disallowance of 10% miscellaneous expenses amounting to Rs. 5,04,644/- on an estimation basis out of the total expenditure debited to the Profit & Loss account of Rs. 50,46,442/-. The Assessing Officer (AO) found that the expenses debited under 'Miscellaneous Expenses' included personal expenses and self-made vouchers. Despite producing some bills, the assessee failed to provide complete information to support the claims. Consequently, the AO made the disallowance based on estimation after discussions with the assessee's Authorized Representative (AR), who also agreed to the disallowance. The CIT(A) dismissed the appeal as the assessee had already agreed to the disallowance made by the AO.

During the appeal hearing before the Tribunal, the AR argued for a reduction in disallowance to 5% from the adhoc basis used by the AO. However, the Departmental Representative (DR) opposed this reduction, highlighting the AR's prior agreement to the addition. The Tribunal considered the arguments from both parties and reviewed the material on record. It noted the failure of the assessee to provide complete details and vouchers, leading to the agreement for disallowance by the AR. Given the circumstances, the Tribunal found no merit in the appeal, emphasizing that the assessee should have substantiated the expenses instead of contesting the disallowance. Consequently, the Tribunal dismissed the grounds of appeal raised by the assessee, upholding the disallowance of 10% miscellaneous expenses on an estimation basis.

Therefore, the Tribunal upheld the decision of the CIT(A) and dismissed the appeal of the assessee, emphasizing the importance of providing complete details and evidence to support expenses to avoid disallowances based on estimations.