2024 (8) TMI 1021 - AT - Income Tax

Addition u/s 40A(3) - cash payments exceeding Rs. 20,0000/- - HELD THAT - CIT(A) erred in rejecting the submission of the appellant as regards business expediency, has overlooked the statement on oath and affidavits given by the vendor and that the father of the vendor was in jail and having ill health and also overlooked that the vendors of land had customers earlier for this deal but cash payment was the precondition for this deal to materialize. Decided in favour of assessee. Disallowance of development expenses - AO disallowed an amount of 10% owing to lack of vouchers and other supporting details - CIT(A) has restricted the disallowance to 5% - HELD THAT - Having gone through the material before us, since no other evidences have been produced, we decline to interfere with the order of the ld. CIT(A). Decided against assessee.

Issues Involved:

1. Sustained addition of Rs. 57,17,949.00.
2. Ad-hoc disallowance of land development expenses amounting to Rs. 1,62,139.00.
3. Addition of Rs. 55,55,810.00 under Section 40A(3) of the Income Tax Act.
4. Allegation that the order is against the principles of natural justice.

Issue-wise Detailed Analysis:

1. Sustained Addition of Rs. 57,17,949.00:

The assessee contested the addition of Rs. 57,17,949.00, arguing that the Commissioner of Income Tax (Appeals) [CIT(A)] had not considered the facts. The Tribunal did not provide a separate analysis for this specific issue, implying that it was addressed within the broader context of the other issues raised.

2. Ad-hoc Disallowance of Land Development Expenses:

The assessee debited Rs. 32,42,700/- for development expenses. The Assessing Officer (AO) disallowed 10% of this amount, i.e., Rs. 3,24,200/-, due to lack of vouchers and supporting details. The CIT(A) reduced the disallowance to 5%, amounting to Rs. 1,62,100/-. The Tribunal, after reviewing the material, decided not to interfere with the CIT(A)'s decision, thus sustaining the 5% disallowance.

3. Addition of Rs. 55,55,810.00 under Section 40A(3) of the Income Tax Act:

The AO disallowed Rs. 55,55,810.00 under Section 40A(3) for cash payments exceeding Rs. 20,000/-. The assessee argued that the payments were made due to business exigency and lack of banking facilities in the sellers' villages. The CIT(A) upheld the AO's disallowance, stating that the payments violated Section 40A(3) and that the sellers accepted payments through banking channels for other transactions. The CIT(A) also noted the lack of documentary evidence for the medical exigency claimed by one seller.

The Tribunal reviewed the case and noted that one seller, Sh. Arun Mourya, confirmed receiving cash due to a medical emergency. The other seller, Sh. Sudarshan Singh, had passed away, but his son provided an affidavit confirming the cash receipt. The Tribunal referred to the decision in Saraswati Housing & Developers vs. Addl. CIT, which accepted cash payments in villages without banking facilities. The Tribunal highlighted that the legislative intent behind Section 40A(3) and Rule 6DD was not to disallow genuine payments but to prevent the use of unaccounted money. The Tribunal also cited the Supreme Court's decision in Attar Singh Gurmukh Singh vs. ITO, which emphasized that genuine transactions should not be disallowed under Section 40A(3).

The Tribunal concluded that the CIT(A) erred in rejecting the assessee's justification for cash payments and overlooked the statements and affidavits provided. The Tribunal allowed the assessee's appeal on this ground, reversing the disallowance of Rs. 55,55,810.00.

4. Allegation that the Order is Against the Principles of Natural Justice:

The assessee claimed that the order was bad in law and against the principles of natural justice. The Tribunal's detailed analysis and acceptance of the assessee's arguments regarding cash payments under Section 40A(3) indirectly addressed this issue, implying that the Tribunal found merit in the assessee's claims of procedural fairness and genuine business exigency.

Conclusion:

The Tribunal partly allowed the appeal. The disallowance of Rs. 55,55,810.00 under Section 40A(3) was reversed, while the 5% disallowance of development expenses amounting to Rs. 1,62,100/- was upheld. The Tribunal emphasized the importance of genuine transactions and business exigency in interpreting Section 40A(3) and Rule 6DD.

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