COMMISSIONER OF INCOME TAX AHMEDABAD III vs. PURIDEVI MAHENDRAKUMAR CHAUDHARY
What did the High Court hold?
The Tribunal held that the addition of Rs. 51,37,327 was made solely on the ground that the liability was outstanding for more than three years. Applying the ratio laid down by the Hon'ble Supreme Court in CIT vs. Sugauli Sugar Works Pvt and this Court in CIT vs. Nitin S. Garg, the Tribunal found no error in deleting this addition. The Supreme Court's decision emphasized that the cessation of a liability due to limitation cannot be decided without the creditor being before the authority, as there might be circumstances allowing the creditor to enforce the debt even after the normal period of limitation. The Gujarat High Court's decision in Nitin S. Garg stated that merely because liabilities are outstanding for many years does not automatically imply cessation, and the AO must prove the assessee obtained a benefit by way of remission or cessation. Therefore, the Tribunal concluded that the deletion of the addition was justified. The High Court agreed with the Tribunal's reasoning and found no substantial question of law arising from the appeal.
What were the facts?
The assessee, Puridevi Mahendrakumar Chaudhary, proprietor of M/s. Shri Rajaram Dhanvarsha Exports, reported sales of Rs. 2,76,12,707 for AY 2009-10. During assessment, the Assessing Officer (AO) noted outstanding creditors for goods amounting to Rs. 2,53,74,512, which was nearly equivalent to purchases of Rs. 2,64,14,747. Upon scrutiny, several creditors were found to be outstanding for over three years. The AO made two additions: Rs. 64,47,623 under Section 41(1) for a liability that ceased to exist (not part of this appeal), and Rs. 51,37,327 for creditors whose liability was outstanding for more than three years. The CIT(A) deleted the Rs. 51,37,327 addition but confirmed the Rs. 64,47,623 addition. The revenue appealed the deletion of Rs. 51,37,327 to the ITAT.
What were the issues?
1. Whether the Tribunal has committed an error in deleting the addition of Rs. 51,37,327 made under Section 41(1) of the Income Tax Act, 1961, solely on the ground that the liability was outstanding for more than three years. The Revenue contended that the addition was made based on the AO's observation that the liability was outstanding for more than three years. The Revenue relied on the decisions of the Hon'ble Supreme Court in CIT Calcutta vs. Sugauli Sugar Works Pvt and this Court in CIT vs. Nitin S. Garg. The Assessee's contentions are not explicitly recorded in the judgment, but their appeal before the CIT(A) and ITAT resulted in the deletion of the addition.
Which sections of the Income-tax Act were involved?
Section 41(1),Section 143(1),Section 143(2),Section 142(1),Section 133(6)
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
ORAL JUDGMENT (PER : HONOURABLE MR.JUSTICE M.R. SHAH)
Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the learned Income Tax Appellate Tribunal (hereinafter referred to as the "Tribunal") dated 5.04.2013 passed in ITA No.1698/AHD/2010 for AY 200910, the revenue has preferred present appeal with the following proposed substantial question of law. 2. 0. The facts leading to the present appeal in nutshell are as under:
That the assessee is the proprietor of M/s. Shri Rajaram Dhanvarsha Exports, in which, she has carried out the business of wholesale of cotton grey fabrics. During the year under consideration, the assessee shown sales of Rs. 2,76,12,707/ from which she has shown net profit of Rs.2,72,427/ @ 0.99%. The assessee filed return of income for the assessment year under consideration declaring a total income at Rs.1,72,250/ The said return was processed under Section 143(1) of the Income Tax Act, 1961 (hereinafter referred to as the "Act") and was selected for random scrutiny by issuing notice under Section 143(2) of the Act. A notice under Section 142(1) of the Act issued on 2.2.2011. Further notices under Section 142(1) of the Act were issued. That during the course of the assessment proceedings, Tax Audit Report was furnished in Form 3CD. During the course assessment proceedings, assessee was also required to be produced the books of account along with bills and vouchers and the same were produced. During the course of assessment proceedings, it was observed by the Assessing Officer that the assessee had outstanding "creditors for goods" Rs. 2,53,74,512/ which according to Assessing Officer was abnormally high considering the fact that the assessee had made purchases of Rs. 2,64,14,747/ and therefore, creditors were almost equivalent to the expenditure incurred on purchases. Therefore, to verify the genuineness of the outstanding creditors, the assessee was required to furnish details of the creditors with a comparative chart, comparing the creditors outstanding during the the FY 200607, 200708 and 200809, it was found that several creditors were more than three years old. The assessee was required to furnish the ledger account for the FY 200809, 200910 and 201011 in the case of outstanding creditors having balance sheet in excess of Rs.5 lacs, to further examine on test check basis as to whether the creditors has been paid off in the subsequently years. It was found by the Assessing Officer from the ledger account of the subsequent years that the creditors had not been paid off except in the cases of M/s. Siranjeevi Textiles, Pakladom and Shri Vaishno Fab, Isanpur where partial payments were made in subsequent years. The assessee was also required to furnish addresses of such creditors. On the basis of the address supplied by the assessee, notice under Section 133(6) of the Income Tax Act were issued to 11 creditors calling upon for ledger account confirmations. With respect to 14 creditors referred to para 5.7 of Assessment Order, it was found that an amount of Rs.51,37,327/ were outstanding for three years. Therefore, while passing the assessment order, the Assessment Officer made two additions i.e. additions of Rs.64,47,623/ under Section 41(1) of the Act by observing that the said liability of Rs.64,47,623/as reflected in the balancesheet for the AY 200910 and in fact ceased to exist and the assessee had obtained a benefit in respect of such trading liability by way of cessation thereof (it is to be noted that said addition is not subject matter of present appeal). While passing the assessment order, the Assessing Officer made addition of Rs.51,37,327/ with respect to those creditors whose liability is found to be more than three years and solely on that ground made addition.
Feeling aggrieved and dissatisfied with assessment order passed by the Assessing Officer making the addition of aforesaid two amounts under Section 41(1) of the Act, the assessee preferred appeal before the learned CIT(A) and learned CIT(A) partly allowed the said appeal deleting the addition of Rs.51,37,327/, which was made by the AO solely on the ground that the said liability is of more than three years, however confirmed the additions of Rs.64,47,623/. 2. 3. Feeling aggrieved and dissatisfied with the order passed by the learned CIT(A) in so far as deleting the addition of Rs. 51,37,327/, the revenue preferred ITA No.1698 of 2012 before the learned ITAT and relying upon the decision of the Hon'ble Supreme Court in the case of that against the confirmation of addition of Rs.64,47,623/ by the learned CIT (A), the assessee preferred appeal before the learned ITAT being ITA NO. 1426 of 2012 and learned ITAT has allowed the said appeal deleting the addition of Rs. 51,37,327/, which is subject matter of Tax Appeal No. 943 of 2013 (with which we are not concerned in the present appeal).
Feeling aggrieved and dissatisfied with the judgment and order passed by the learned Tribunal in deleting the addition of Rs.51,37,327/ under Section 41(1) of the Act, the revenue has preferred the present appeal.
Heard Shri Varun Patel, learned advocate for the appellant revenue and perused the impugned judgment and order passed by the learned ITAT as well as order passed by the learned CIT(A) as well as assessment order. At the outset, it is required to be noted that AO made addition of Rs.51,37,327/ with respect to creditors liability on the ground that said liability is of more than three years. Relying upon the decision of the Hon'ble Supreme Court in the case of Sugauli Sugar Works Pvt (supra) and the decision of this Court in the case of Nitin Garg (supra), the learned CIT (A) has deleted the said addition of Rs.51,37,327/ made under Section 41(1) of the Act and the same has been confirmed by the learned ITAT. In the case of Sugauli Sugar Works Pvt (supra) in para 15 the Hon'ble Supreme Court has observed as under: "14.As pointed out in the case of Sugauli Sugar Works Pvt (supra) vide the last five lines of the paragraph 6 of the judgment, the question whether the liability is actually barred by limitation is not a matter which can be decided by considering the assessee's case alone but has to be decided only if the creditor is before the concerned authority. In the absence of the creditor, it is not possible for the authority to come to a conclusion that the debt is barred and has become unenforceable. There may be circumstances which may enable the creditor to come with a proceeding for enforcement of the debt even after expiry of the normal period of limitation as provided in the Limitation Act".
In the case of Nitin S. Garg (supra) this Court has observed and held as under: "It had not been established that the assessee had written off the outstanding liabilities in the books of account. The Tribunal was justified in taking the view that the assessee had continued to show the admitted amounts as liabilities in the balance sheet, the same could not be treated as cessation of liabilities. Merely because, the liabilities were outstanding for last many years, it could not be inferred that the said liabilities has ceased to exist. The Tribunal had rightly observed that the Assessing Officer would have to prove that the assessee had obtained the benefits in respect of such trading liabilities by way of remission or cessation thereof. Merely because, the assessee obtained benefit of reduction in the earlier years and balance was carried forward in the subsequent year, it would not prove that the trading liabilities of the assessee had become non existent."
Applying aforesaid ratio laid down by the Hon'ble Supreme Court as well as this Court and as the addition of Rs.51,37,327/ was made solely on the basis that said liability is more than three years, it cannot be said that the learned ITAT has committed any error in deleting the addition of Rs. 51,37,327/ made under Section 41(1) of the Act. We see no reason to interfere with the impugned judgment and order passed by the learned Tribunal. No question of law much less any substantial question of law arises in the present appeal. Hence, present appeal deserves to be dismissed and is accordingly dismissed. (M.R.SHAH, J.) (R.P.DHOLARIA,J.) Kaushik
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