2005 (7) TMI 319 - AT - Income Tax

Summary

Issues:
1. Confirmation of addition of Rs. 1,500 out of vehicle and travelling expenses.
2. Addition of Rs. 1,000 out of tea expenses.
3. Confirmation of addition of interest of Rs. 1,21,652.
4. Sustenance of addition of Rs. 20,500 on account of low household withdrawals.
5. Charging of interest under s. 234B.

Confirmation of Addition of Vehicle and Travelling Expenses:
The appeal concerned the confirmation of an addition of Rs. 1,500 out of total vehicle and travelling expenses claimed by the assessee. The AO added the amount due to lack of proper vouchers and potential personal use. The CIT(A) upheld the addition. The tribunal considered reducing the addition to Rs. 1,000, given the total claimed expenses of Rs. 7,000, providing relief of Rs. 500 to the assessee.

Addition of Tea Expenses:
The second issue involved the addition of Rs. 1,000 out of tea expenses totaling Rs. 2,808, which the CIT(A) confirmed. The tribunal found the monthly tea expense of around Rs. 200 reasonable and allowed this ground of appeal.

Confirmation of Interest Addition:
Regarding the addition of interest amounting to Rs. 1,21,652, the AO disallowed interest on overdrawn capital, leading to the addition. The CIT(A) sustained this addition after allowing nominal relief. The tribunal, after considering submissions, noted that the property in question was acquired two years prior, and relying on precedent, held that no addition for disallowance of interest was warranted. The tribunal ordered the deletion of this addition.

Sustenance of Household Withdrawals Addition:
The next issue revolved around the addition of Rs. 20,500 due to low household withdrawals. The AO estimated total household expenses higher than declared, resulting in the addition. The CIT(A) reduced the addition to Rs. 20,500. The tribunal, considering the estimate nature of the expenses, reduced the addition by 50% to Rs. 10,250.

Charging of Interest under s. 234B:
The final issue pertained to the charging of interest under section 234B, which was considered consequential and disposed of accordingly. The tribunal partly allowed the appeal, making adjustments to the additions in favor of the assessee.