2022 (9) TMI 149 - AT - Income Tax

Discrepancy found in the payment of custom duty as per AIR Annual Information Report - unexplained expenses u/s 69C - HELD THAT - As stated that a sum was treated as direct expenses in the statement of Profit Loss A/c during the period ending on 31.03.2015. It is further stated that the assessee company has been following Accepted Accounting Standard and the same method is being consistently followed by the assessee company and duly accepted by the Department. It was further stated that the assessee company disclosed in balance sheet and followed Customs Act Circular No.6/2008-Customs dated 28th April 2008 and Notification No.102/2007 dated 14.09.2007. As stated that the assessee company had paid custom duty during the year under consideration amounting and as per custom law, the assessee did not route the amount through P L A/c due to the fact that amount is not nature of expense since same has been claimed as exempt as per the Custom Act. Assessee failed to explain the reasons for variation and the SAD Special Additional Duty classified as current asset to be reflected in the P L A/c at the stage of receipt of the funds/set off. Even before this Tribunal, no explanation is made by the assessee despite sufficient opportunities were given to the assessee and the assessee chose not to attend the proceedings. No reason to interfere in the finding of Ld.CIT(A), the same is hereby affirmed. Thus, grounds raised by the assessee are dismissed.

Summary

Issues:
1. Disallowance of custom duty by AO
2. Invocation of Sec 69 of Income Tax Act
3. Assessment based on conjectures and suspicion
4. Non-consideration of facts by Ld CIT (Appeal)
5. Failure to attend proceedings by the assessee

Issue 1: Disallowance of custom duty by AO
The case involved an appeal against the disallowance of Rs. 8,67,173 out of the paid custom duty of Rs. 74,15,260 by the assessee. The AO invoked Sec 69 of the Income Tax Act, claiming the amount as unexplained expenses. The AO assessed taxable income higher than the declared income, leading to the appeal.

Issue 2: Invocation of Sec 69 of Income Tax Act
The AO's application of Sec 69 was challenged by the assessee, arguing that the custom duty payment was in accordance with accounting principles and provisions of the Custom law. The contention was that the AO's decision was based on conjectures and without proper consideration of relevant material on record.

Issue 3: Assessment based on conjectures and suspicion
The AO's assessment was criticized for being speculative and not supported by concrete evidence. The assessee claimed that the AO's observations were contrary to facts and lacked a proper legal basis. The appeal highlighted the need for a more reasoned and fact-based approach in the assessment process.

Issue 4: Non-consideration of facts by Ld CIT (Appeal)
The Ld CIT (Appeal) was accused of not adequately considering the facts and documents presented before him. The appeal argued that the CIT (Appeal) failed to address the discrepancies and provide a thorough analysis of the case, leading to an unfavorable decision for the assessee.

Issue 5: Failure to attend proceedings by the assessee
The assessee repeatedly failed to attend the proceedings despite multiple opportunities provided. The Tribunal noted the absence of the assessee in various hearings and emphasized the importance of actively pursuing the appeal. The lack of participation from the assessee hindered the case presentation and decision-making process.

In conclusion, the Tribunal affirmed the decision of the Ld CIT (Appeal) to dismiss the appeal of the assessee. The Tribunal found that the assessee's explanations were insufficient, especially regarding the variation in custom duty payments and the classification of SAD as a current asset. Despite opportunities given, the assessee failed to provide a satisfactory explanation, leading to the dismissal of the appeal. The judgment highlighted the importance of active participation and providing clear and substantiated explanations in legal proceedings.