JEETEN JAYSHUKHLAL MEHTA,MUMBAI vs. DCIT 27(1), NAVI MUMBAI
What did the Tribunal hold?
The Tribunal allowed the appeal regarding the addition under Section 69A, finding that the AO had misappreciated facts and the discrepancies were reconciled. However, the Tribunal dismissed the appeal concerning the disallowance of travelling expenses, as the assessee failed to demonstrate their business connection.
What were the facts?
The assessee challenged an addition of Rs. 27,39,649/- made under Section 69A for unexplained money and a disallowance of Rs. 4,45,803/- for travelling expenses. The addition was related to discrepancies in payments made to certain parties, while the disallowance was for travel expenses of individuals not clearly linked to the assessee's business.
What were the issues?
Whether the addition of unexplained money under Section 69A was justified, and whether the disallowance of travelling expenses for lack of business connection was correct.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “F” BENCH, MUMBAI
Before: SHRI SAKTIJIT DEY & SHRI MAKARAND VASANT MAHADEOKAR
per the information available with the department, the purchases were to the tune of
Rs.26,39,034/-. He further observed that on perusal of the ledger account submitted by Zim
Integrated Shipping Services (I) Ltd., it was found that the assessee had paid an amount of
Rs.1,19,04,219/-. Thus, he proposed to add the differential amount to the income of the
assesse, through a show cause notice issued to the assessee. In response to the show cause
notice, the assessee again furnished a detailed reply stating that the actual payment made
was to the tune of Rs.106,52,328/-, as against the amount of Rs.1,19,04,219/- alleged to
have been paid by the assessee. Referring to the bank statement of Zim Integrated Shipping
Services (I) Ltd., the A.O. observed that the assessee had paid an amount of Rs.5,87,744/-
which is not recorded in the books of accounts of the assesse. Accordingly, he treated the
said amount as unexplained money u/s.69A of the Act.
3 ITA No. 2997/Mum/2026 (A.Y.2023-24) Jeeten Jayshukhlal Mehta vs. DCIT 5. Proceeding further, he observed that as per assessee’s books an amount of
Rs.2,36,61,980/- was paid to Star Shipping Services India P. Ltd. Whereas, as per
information available with the department, an amount of Rs.3,02,06,697/- was appearing
in parties account. Thus, according to the A.O. there was different of Rs.65,47,717/-. To
reconcile the difference, the assessee furnished a detailed reply stating that Star Shipping
Services India P. Ltd. had erroneously shown certain payments in the name of the assessee
twice which was subsequently reversed. The A.O., however, did not find merit in the
submissions of the assessee. Ultimately, he proceeded to add the amount of Rs.27,39,649/-
, being the difference in the payments made to the concerned parties. Though the assessee
contested the addition before learned first appellate authority, however, it was confirmed.
We have considered rival submissions and perused the materials available on
record. Insofar as, the alleged payment of Rs.5,87,744/- to Zim Integrated Shipping
Services (I) Ltd. is concerned, the entries in the books of account clearly demonstrate that
it was received from VOYAGE India P. Ltd., a company and not VOYAGE India as
alleged by the A.O.
Before us, the assessee has submitted that VOYAGE India is a proprietary concern
of the assesse, whereas VOYAGE India P. Ltd. is a company. Thus, clearly, the A.O. has
made the addition on misappreciation of facts. Therefore, the addition made of
Rs.5,87,744/- is unsustainable. Insofar as, the balance amount of Rs.21,51,905/- allegedly
paid to Star Shipping Services India P. Ltd., perusal of the bank statement of the assessee,
ledger copy of Star Shipping Services India P. Ltd. in assessee’s book and assessee’s ledger
copy in Star Shipping Services India P. Ltd. book clearly demonstrates that the assessee
had only paid amount of Rs.20,70,819.18. Except this amount, no other payment is
4 ITA No. 2997/Mum/2026 (A.Y.2023-24) Jeeten Jayshukhlal Mehta vs. DCIT reflected in assessee’s bank account or in the ledger copy of Star Shipping Services India
P. Ltd. The confusion, in our view, regarding the difference has arisen on account of
erroneous entries made in assessee’s ledger copy in the books of Star Shipping Services
India P. Ltd. On perusal of the said ledger account, placed in the paper book, it is noticed
that the amount was erroneously entered twice, which was subsequently reversed. The
subsequent reversal entry has not been considered by the departmental authorities. Thus,
in our view, the so called difference in the payment figure stands reconciled by the assessee.
Hence, there is no case for addition. Accordingly, we direct the A.O. to delete the addition
of Rs.27,39,649/-. This ground is allowed.
In ground no. 2, the assessee has contested the disallowance of travelling expenses
of Rs.4,45,803/-.
Briefly stated, in course of assessment proceeding, the A.O. on verification of the
details of travelling expenses noticed that the expenses were on account of travel
undertaken by various individuals. He, therefore, called upon the assessee to demonstrate
how such expenses were in connection with or for the purpose of assessee’s business.
Though the assessee emphasized that the expenses were incurred for the purpose of
assessee’s business, however, the A.O. remained unconvinced. Accordingly, he disallowed
the amount of Rs.4,45,803/-. The said disallowance was also confirmed by learned first
appellate authority.
Having considered rival submissions and perused the materials on record, we find
that the amount in dispute represents travel expenses of various individuals. Neither before
the departmental authorities nor before us the assessee has been able to demonstrate in
5 ITA No. 2997/Mum/2026 (A.Y.2023-24) Jeeten Jayshukhlal Mehta vs. DCIT what capacity and manner the concerned individuals are connected with assessee’s
business and by incurring such expenses how assessee’s business has benefited.
Unfortunately, the assessee has not been able to furnish any reasonable explanation or
supporting evidences to demonstrate that the travel expenses were incurred for the purpose
of assessee’s business. In view of the aforesaid, we concur with the decision of the
departmental authorities to disallow the expenses. This ground is dismissed.
In the result, the appeal is partly allowed.
Order pronounced in the open court on 27.08.2026
Sd/- Sd/-
(Makarand V. Mahadeokar) (Saktijit Dey) Accountant Member Vice President Mumbai; Dated : 27.08.2026 Roshani, Sr. PS
Copy of the Order forwarded to : 1. The Appellant 2. The Respondent 3. The CIT(A) 4. CIT - concerned 5. DR, ITAT, Mumbai 6. Guard File BY ORDER,
(Dy./Asstt. Registrar) ITAT, Mumbai
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