2022 (6) TMI 1104 - AT - Income Tax

Ad-hoc disallowance of the expenses - addition on the ground of non-availability of vouchers etc. in support of expenses claimed in books of account - HELD THAT - As the finding is based on the premise that the assessee failed to substantiate the expenditure however the contention of the assessee is that due to flood material evidences was washed away and FIR was duly registered, further it is stated that the accounts of the assessee was duly audited and no adverse observation has been recorded by the auditors. Looking to the facts of the present case and more particularly the contention of the assessee that the record was washed away due to flood and coupled with the fact that there is no adverse inference by the auditors. I am of the considered view that it is a liberal view ought to have been adopted by the authorities below. Moreover the authorities below have not pointed out any specific absence of the vouchers hence. Therefore, considering totality of facts I hereby direct the AO to delete the addition. Decided in favour of assessee.

Issues Involved:
1. Sustaining a part of the addition to the extent of Rs. 2,19,785/- out of Rs. 3,29,677/- made by the ITO.
2. Non-specific pointing to any particular voucher or documentary evidence not made available.
3. Additions made in a routine and perfunctory manner without application of mind.
4. Incorrect assessment based on the net profit rate comparison.
5. Wrong consideration of "Branch Office Expenses" for addition purposes.
6. Reference to cases decided by Hon'ble ITAT Amritsar Bench without quoting such cases in detail.
7. Miscellaneous grounds for adding, altering, modifying the grounds of appeal.

Issue-wise Detailed Analysis:

1. Sustaining a part of the addition to the extent of Rs. 2,19,785/- out of Rs. 3,29,677/- made by the ITO:
The assessee argued that the CIT(A) erred in sustaining part of the addition made by the ITO due to non-availability of vouchers supporting the expenses claimed in the books of account. The ITO had made ad-hoc disallowances at a rate of 15% for various expenses, which the CIT(A) reduced to 10%. The Tribunal found that the authorities below should have adopted a more liberal view considering the circumstances, such as the loss of records due to floods and the absence of adverse remarks by auditors.

2. Non-specific pointing to any particular voucher or documentary evidence not made available:
The assessee contended that the ITO did not specifically identify any particular voucher or documentary evidence that was not made available. The Tribunal noted that the authorities below did not point out any specific absence of vouchers, and the general assertion of non-availability due to floods was supported by an FIR and CBDT instructions.

3. Additions made in a routine and perfunctory manner without application of mind:
The assessee claimed that the additions were made in a routine and perfunctory manner without proper application of mind. The Tribunal agreed, noting that the ITO and CIT(A) did not adequately consider the unique circumstances of the case, such as the impact of the floods and the comparison of expenses with previous years.

4. Incorrect assessment based on the net profit rate comparison:
The assessee argued that the ITO incorrectly assessed the net profit rate by not excluding a one-off transaction (profit from the sale of land) from the previous year, which skewed the comparison. The Tribunal found merit in this argument, noting that a proper comparison should exclude such non-recurring items to reflect a true and fair view of the business's financial performance.

5. Wrong consideration of "Branch Office Expenses" for addition purposes:
The assessee pointed out that the ITO wrongly considered "Branch Office Expenses" for the year under assessment, which actually pertained to the previous year (AY 12-13). The CIT(A) had already deleted this addition, recognizing the error. The Tribunal upheld this correction.

6. Reference to cases decided by Hon'ble ITAT Amritsar Bench without quoting such cases in detail:
The assessee criticized the CIT(A) for referring to cases decided by the ITAT Amritsar Bench without providing detailed quotes or context. The Tribunal did not specifically address this issue, focusing instead on the substantive arguments regarding the disallowances and the need for a liberal approach given the circumstances.

7. Miscellaneous grounds for adding, altering, modifying the grounds of appeal:
The Tribunal allowed the appeal filed by the assessee, directing the AO to delete the addition, thereby addressing all the grounds raised by the assessee.

Conclusion:
The Tribunal found that the authorities below did not adequately consider the unique circumstances of the case, such as the loss of records due to floods and the absence of specific defects in the vouchers. It directed the AO to delete the addition, allowing the assessee's appeal in full.

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