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Income Tax Appellate Tribunal, INDORE BENCH, INDORE
Before: SHRI KUL BHARAT & SHRI MANISH BORAD
आयकर अपील�य अ�धकरण ,इ�दौर �यायपीठ ,इ�दौर IN THE INCOME TAX APPELLATE TRIBUNAL, INDORE BENCH, INDORE �ी कुल भारत, �या�यक सद�य तथा �ी मनीष बोरड, लेखा सद�य के सम� BEFORE SHRI KUL BHARAT, JUDICIAL MEMBER AND SHRI MANISH BORAD, ACCOUNTANT MEMBER आ.अ.सं /.I.T.A. No. 326/Ind/2017 �नधा�रणवष� / Assessment Year : 2014-15 Assistant Commissioner vs. M/s. Vishal Electricals Co.Pvt.Ltd., of Income-tax, Ujjain Ujjain.
अपीलाथ� /Appellant ��यथ� /Respondent �था.ले.सं./PAN: AABCV1452F
: Shri K.G. Goyal, Sr. DR अपीलाथ� क� ओर से/Appellant by : Shri S. S. Deshpande, ��यथ� क� ओर से/Respondent C. A. by
: 15 .05.2018. सुनवाई क� तारीख/Date of hearing : 16.05.2018 उ�ोषणा क� तारीख/Date of pronouncement
-: 2 :- M/s.Vishal Electricals Co.P.Ltd., Ujjain आदेश /O R D E R PER KUL BHARAT, J.M. : Appeal by the Revenue is directed against the order of
CIT(A), Ujjain, dated 14th February, 2017, pertaining to the
assessment year 2014-15.
The Revenue has raised the following grounds of
appeal :-
1) Whether on the facts and in the circumstances
of the case, the Ld. CIT(A) was justified in
deleting the addition of Rs. 6,27,964/- on
account of various expenses without
appreciating the fact that assessee failed to
substantiate expenses through proper evidence
and only 20 % of various expenses were
disallowed by the AO.
2) Whether on the facts and in the circumstances
of the case, the Ld. CIT(A) was justified in
-: 3 :- M/s.Vishal Electricals Co.P.Ltd., Ujjain deleting the addition of Rs. 32,62,339/- on
account of Salary and Wages expenses (10% to
total wage expenses claimed) ignoring the fact
that such expense was not supported by proper
evidence. 3. Briefly stated, the facts of the case are that the case of
the assessee was picked up for scrutiny assessment and
the assessment u/s 143(3) ,of the Income-tax Act, 1961,
(hereinafter referred to as the Act), was framed vide order
dated 27th December, 2016. The AO while framing the
assessment made disallowances on ad hoc basis of Rs.
6,27,964/- and disallowance out of wages and salary
expenses at Rs. 32,62,339/-. 4. Aggrieved by this order, the assessee preferred appeal
before the Ld. CIT(A), who after considering the
submissions deleted both the additions. Now, the Revenue
is in appeal before this Tribunal.
-: 4 :- M/s.Vishal Electricals Co.P.Ltd., Ujjain 5. Ground no. 1 is against the deletion of addition of Rs.
6,27,964/-.
The Ld. Departmental Representative supported the
assessment order and submitted that the Ld. CIT(A) was
not justified in deleting the addition. Per contra, the Ld.
Counsel for the assessee reiterated the submissions as
made before the Ld. CIT(A). He submitted that the AO made
disallowance of 20% of the expenses in respect of power
and fuel, freight expenses, repair to plant, machinery &
furniture, welfare expenses, travelling expenses, canteen
expenses and misc expenses. He submitted that the AO
has not pointed out as to which expenditure is bogus. He
submitted that the books of account of the assessee are
fully audited. The Auditors have not pointed out any
discrepancy in the books of account. 7. We have considered the facts, rival submissions and
perused the material available on record and have also
-: 5 :- M/s.Vishal Electricals Co.P.Ltd., Ujjain gone through the orders of the lower authorities. The Ld.
CIT(A) has deleted the addition by observing as under :-
“4.2 Through this ground of appeal the appellant has
challenged the addition of Rs.6,27,964/- out of various expenses. The AO has made the disallowance @ 20 % out of Power & Fuel,
Freight expenses, Repair to plant, machinery & furniture, welfare
expenses, travelling expenses, canteen expenses and
miscellaneous expenses. The appellant is engaged in the electrical
contract work. The above expenditures are integral part of the
business. The appellant's books of account are audited u/s 44AB
of the IT Act. All the expenses are duly recorded and entered. The
AO has not pointed out any specific defects in the books of
accounts. The AO cited the reasons that no corroborative
evidences along with vouchers for expenditure were produced. The
above defects are general in nature. The appellant books are
audited u/s 44AB of the I. T. Act. The appellant need not to
maintain separate books for each and every site, the appellant is
making cash payment on self-made vouches and does not exceed
-: 6 :- M/s.Vishal Electricals Co.P.Ltd., Ujjain the limit of Rs.20,000/- which is as per law. The payment for
expenses and material purchases were duly recorded in the books
of account and the AO has not pointed out which payment and
material purchases were bogus. The AO is not justified in making
the disallowance out of above expenses without any reason.
Therefore, the addition made by the AO amounting to
Rs.6,27,964/- is Deleted. This ground of appeal is Allowed. ”
We do not see any infirmity in the order of the Ld.
CIT(A), as the Revenue has not pointed out as to which
expenditure is not supported with the proper vouchers. The
auditors have also not noticed any discrepancy in to the
claim of the assessee. Under these facts, the finding of the
Ld. CIT(A) is sustained. Ground raised by the Revenue is
dismissed.
Ground no. 2 is against the deletion of addition of Rs.
32,62,339/- on account of Salary & Wages expenses.
-: 7 :- M/s.Vishal Electricals Co.P.Ltd., Ujjain 10. The Ld. Departmental Representative supported the
assessment order and submitted that the Ld. CIT(A) was
not justified in deleting the addition. Per contra, the Ld.
Counsel for the assessee reiterated the submissions as
made before the Ld. CIT(A). He submitted that the AO has
made the disallowances @ 10% out of salary and wages.
The assessee is engaged in the electrical contract work. The
above expenditures are integral part of the business. The
assessee’s books of account are duly audited u/s 44AB of
the Act. All the expenses were duly recorded and entered.
The AO has not pointed, out any specific defects in the
books of account. The Auditors have also not pointed out
any discrepancy in the books of account. 11. We have considered the facts, rival submissions and
perused the material available on record and have also
gone through the orders of the lower authorities. The Ld.
CIT(A) has deleted the addition by observing as under :-
-: 8 :- M/s.Vishal Electricals Co.P.Ltd., Ujjain “4.3 Through this ground of appeal the appellant has challenged
the addition of Rs.32,62,339/- out of salary and wages expenses.
The AO has made the disallowance @ 10 % out of salary and
wages. The appellant is engaged in the electrical contract work.
The above expenditures are integral part of the business. The
appellant's books of account are audited u/s 44AB of the IT Act.
All the expenses are duly recorded and entered. The AO has not
pointed out any specific defects in the books of accounts. The AO
cited the reasons that identity of labours, type of work actually
performed at particular sites are not verifiable. The above defects
are general in nature. The appellant books are audited u/s 44AB
of the I.T. Act. The appellant need not to maintain separate books
for each and every site, the appellant is making cash payment on
self-made vouchers and does not exceed the limit of Rs.20,000/-
which is as per law. The payment for salary and wages were duly
recorded in the books of account and the AO has not pointed out
which payment is bogus. The AO is not justified in making the
disallowance out of above expenses without any reason.
-: 9 :- M/s.Vishal Electricals Co.P.Ltd., Ujjain Therefore, the addition made by the AO amounting to Rs. 32,62,339/- is Deleted. This ground of appeal is allowed.”
We do not see any infirmity in the order of the Ld.
CIT(A). All the expenses are duly recorded and entered.
The AO has not pointed out any specific defects in the
books of account. The AO cited the reasons that identity of
labours, type of work actually performed at particular sites
are not verifiable. We observe that the defects are of general
nature. The assessee’s books are audited u/s 44AB of the
Act. We also observe that the assessee is making cash
payment of Rs. 20,000/- which is in accordance with law.
The payment of salary and wages were duly recorded in the
books of account and the AO has not pointed out as to
which payment was bogus. Under these facts, the finding
of the Ld. CIT(A) is sustained. Ground No. 2 raised by the
Revenue is dismissed.
-: 10 :- M/s.Vishal Electricals Co.P.Ltd., Ujjain 13. In the result, the appeal of the Revenue is dismissed. The order is pronounced in the open court on 16.05.2018.
Sd/- Sd/- (मनीष बोरड) (कुल भारत) लेखा सद�य �या�यक सद�य (KUL BHARAT) (MANISH BORAD) ACCOUNTANT MEMBER JUDICIAL MEMBER
Indore; �दनांक Dated : 16/05/2018 CPU*/SPS Copy to: Assessee/AO/Pr. CIT/ CIT (A)/ITAT (DR)/Guard file. By order Private Secretary/DDO, Indore