2024 (11) TMI 559 - AT - Income Tax

Disallowance of transport expenses - addition made being not supported by any bill/voucher - onus to prove - HELD THAT - The onus was squarely on the assessee to not only explain the reason for this exorbitant increase in transport expenses but also to support the same with proper bills and vouchers, which the assessee had failed to do. From the sample copy of bills and vouchers of the transport expense brought on record, it is found that these bills were not in respect of transport expense. As rightly pointed out by the CIT(A), no lorry details are appearing in these bills/vouchers. Further, the details regarding place of transport i.e. the place of origin and the place of destination is not found mentioned in all the bills/vouchers. Only in some of the bills the destination is appearing. Rather these bills are found to be in respect of purchases of materials and have details of goods, weight, rate and total amount. Merely because the word transportation is mentioned in these bills, they cannot be considered as evidence for transport expense as the place of origin, place of destination, lorry number, actual transportation expenses etc. are not appearing in most of these bills. These bills clearly mention that they are for purchase of materials, such as sand, kapdi, dust and other building materials. Further, the evidence as produced does not explain the correctness of expenditure and the exorbitant increase in transportation expense during the year, particularly when the Petrol expense had also increased substantially. No reason to interfere with the order of CIT(A). In the absence of any cogent explanation in respect of abnormal increase in transport expense and also in the absence of complete bills and vouchers and evidences for incurring these expenditures, the addition as confirmed by the Ld. CIT(A) is upheld. Decided against assessee.

Summary

Issues Involved:

1. Disallowance of transport expenses.
2. Examination of additional evidence by the CIT(A).
3. Requirement of TDS deduction on transportation expenses.
4. Justification for the increase in transportation expenses.

Detailed Analysis:

1. Disallowance of Transport Expenses:

The primary issue in the appeal was the disallowance of transport expenses amounting to Rs. 36,33,945/- by the Assessing Officer (AO). The AO disallowed these expenses due to the lack of supporting bills and vouchers. The assessee had produced ledger accounts for only a few parties, and the AO found that the evidence was insufficient to substantiate the claimed expenses. The CIT(A) examined the evidence provided by the assessee but found it inadequate, confirming the disallowance of Rs. 35,85,237/- while allowing a relief of Rs. 48,708/-.

2. Examination of Additional Evidence by the CIT(A):

The assessee contended that additional evidence submitted to the CIT(A) was not properly considered. However, the CIT(A) meticulously examined the evidence and provided detailed findings for each party involved. The CIT(A) noted discrepancies such as missing journal vouchers, lack of invoice numbers, and inconsistencies in the ledger accounts, which led to the conclusion that the expenses were not genuine. The CIT(A) also highlighted that the assessee failed to produce requisite details even after being specifically asked, indicating a possible intent to conceal information.

3. Requirement of TDS Deduction on Transportation Expenses:

The respondent argued that the assessee did not deduct TDS on the transportation expenses, which was a point of contention. The assessee countered by referencing Section 194C(b) of the Income Tax Act, arguing that the transporters had fewer than 10 carriages, thus exempting them from TDS deduction. The tribunal noted this explanation but focused more on the lack of evidentiary support for the expenses rather than the TDS issue.

4. Justification for the Increase in Transportation Expenses:

A significant increase in transportation expenses from Rs. 3,41,679/- in the previous year to Rs. 75,77,863/- in the current year was noted. The CIT(A) and the tribunal found that the assessee did not provide a satisfactory explanation for this exorbitant increase. While sales and other expenses had increased, the rise in transportation expenses was disproportionately high. The tribunal emphasized that the onus was on the assessee to justify the increase with proper documentation, which was not done. The tribunal found that the bills provided were not for transportation expenses but rather for material purchases, lacking details such as lorry numbers and destination points.

Conclusion:

The tribunal upheld the CIT(A)'s decision to confirm the disallowance of Rs. 35,85,237/- in transport expenses. It concluded that the assessee failed to provide sufficient evidence to support the claimed expenses and did not justify the abnormal increase in transportation costs. The appeal was dismissed, and the addition made by the AO was confirmed.