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Facts
The Revenue appealed against the order of the CIT(A) who deleted additions made by the AO. The AO had made additions on account of alleged unaccounted purchases, disallowance of expenses for freezer boxes, and disallowance of salary expenses. The assessee company is in the business of processing and selling milk and milk products.
Held
The Tribunal held that the addition on account of unaccounted purchases was not sustainable as the loose sheet relied upon by the AO was not prepared by the assessee. The Tribunal also held that the expenses incurred on freezer boxes provided to agents were revenue in nature, not capital. Lastly, the disallowance of salary expenses was also not sustainable as the payment was made through a consolidated cheque to the bank for disbursement to employees.
Key Issues
1. Whether the addition on account of unaccounted purchases was justified based on a loose sheet prepared during a survey. 2. Whether the cost of freezer boxes provided to agents for storing perishable goods is a capital or revenue expenditure. 3. Whether the disallowance of salary expenses was justified when payments were made through a consolidated bank transfer to employees.
Sections Cited
133A, 143(3), 69A
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, ‘A’ BENCH: CHENNAI
Before: SHRI ABY T. VARKEY & SHRIMANOJ KUMAR AGGARWAL
आदेश / O R D E R
PER ABY T. VARKEY, JM:
1. This appeal has been preferred by the Revenue against the order of the Learned Commissioner of Income Tax (Appeals), (hereinafter referred to as “the Ld.CIT(A)”), Chennai-19, dated 29.12.2023 for the Assessment Year (hereinafter referred to as "AY”) 2019-20.
/Chny/2024 (AY 2019-20) M/s.Vijay Dairy & Farm Products Pvt. Ltd. M/s.Vijay Dairy & Farm Products Pvt. Ltd. :: 2 ::
Brief facts as noted are that, the assessee company as noted are that, the assessee company as noted are that, the assessee company is engaged in the business of procuring, processing and selling of milk and milk the business of procuring, processing and selling of milk and milk the business of procuring, processing and selling of milk and milk products. For AY 2019- -20, the assessee company had filed its return of pany had filed its return of income on 27.09.2019 declaring total income at Rs.1,29,06,110/ income on 27.09.2019 declaring total income at Rs.1,29,06,110/ income on 27.09.2019 declaring total income at Rs.1,29,06,110/-. Prior thereto, a survey u/s.133A of the Income Tax Act, 1961 (hereinafter thereto, a survey u/s.133A of the Income Tax Act, 1961 (hereinafter thereto, a survey u/s.133A of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act‘) was conducted on 19.02.2019 attheir premises, referred to as ‘the Act‘) was conducted on 19.02.2019 attheir premises, referred to as ‘the Act‘) was conducted on 19.02.2019 attheir premises, and the survey team is noted to have found certain discrepancies in their team is noted to have found certain discrepancies in their team is noted to have found certain discrepancies in their books of accounts and the books of accounts and the Income Tax Return (ITR), for which they , for which they recorded the statements of recorded the statements of Smt. VidhyaMadan Mohan Smt. VidhyaMadan Mohan [Executive Director], Shri. S.C. Paneerselvam, Shri. S.C. Paneerselvam, [GM (Finance)] and other key and other key individuals of the assessee company. The AO in the assessment framed of the assessee company. The AO in the assessment framed of the assessee company. The AO in the assessment framed u/s 143(3) of the Act dated 21.09.2021 for the relevant AY 2019 u/s 143(3) of the Act dated 21.09.2021 for the relevant AY 2019 u/s 143(3) of the Act dated 21.09.2021 for the relevant AY 2019-20 is noted to have made additions on account of noted to have made additions on account of (a) unaccounted purchases unaccounted purchases of Rs.5,45,50,646/- under Section under Section 69A of the Act, (b) disallowance of disallowance of expenses incurred on freezer boxes supplied to their agents of expenses incurred on freezer boxes supplied to their agents of expenses incurred on freezer boxes supplied to their agents of Rs.52,62,942 holding it to be capital in nature, Rs.52,62,942 holding it to be capital in nature, (c) disallowance of salary disallowance of salary of Rs.30,23,496/- for want of supporting details, for want of supporting details, (d) disallowance of disallowance of expenses towards rent & professional fees of Rs.6,99,803/ owards rent & professional fees of Rs.6,99,803/ owards rent & professional fees of Rs.6,99,803/- and Rs.2,76,784/- respectively. The AO accordingly respectively. The AO accordingly computed computed the total income of the assessee at Rs.7,67,19,781/ income of the assessee at Rs.7,67,19,781/- instead of Rs.1,29,06,110/ instead of Rs.1,29,06,110/- as returned by the assessee. Aggrieved, the assessee preferred an as returned by the assessee. Aggrieved, the assessee preferred an as returned by the assessee. Aggrieved, the assessee preferred an appeal /Chny/2024 (AY 2019-20) M/s.Vijay Dairy & Farm Products Pvt. Ltd. M/s.Vijay Dairy & Farm Products Pvt. Ltd.
:: 3 :: before the Ld. CIT(A) who was pleased to delete the additions. Now, the before the Ld. CIT(A) who was pleased to delete the additions. Now, the before the Ld. CIT(A) who was pleased to delete the additions. Now, the Revenue is in appeal before us on the following Revenue is in appeal before us on the following grounds: -
“1. The order of the learned Commissioner of Income Tax (Appeals) is 1. The order of the learned Commissioner of Income Tax (Appeals) is 1. The order of the learned Commissioner of Income Tax (Appeals) is erroneous on facts of the case and in law. erroneous on facts of the case and in law.
2. The Ld.CIT(A) erred in deleting the addition of Rs.5,45,50,646/ made Ld.CIT(A) erred in deleting the addition of Rs.5,45,50,646/ made Ld.CIT(A) erred in deleting the addition of Rs.5,45,50,646/ made towards unaccounted purchase of milk/unaccounted excess stock within the towards unaccounted purchase of milk/unaccounted excess stock within the towards unaccounted purchase of milk/unaccounted excess stock within the meaning of Sec.69A of the Act, being the value of 20,60,848 litres of milk meaning of Sec.69A of the Act, being the value of 20,60,848 litres of milk meaning of Sec.69A of the Act, being the value of 20,60,848 litres of milk quantified as difference in purchases duri quantified as difference in purchases during the survey.
2.1 The CIT(A) erred in failing to appreciate that the loose sheet No.122 2.1 The CIT(A) erred in failing to appreciate that the loose sheet No.122 2.1 The CIT(A) erred in failing to appreciate that the loose sheet No.122 contains the working prepared during survey, in which quantity as per Raw contains the working prepared during survey, in which quantity as per Raw contains the working prepared during survey, in which quantity as per Raw Chilled Milk Registers(RCM) and purchase as per SAP were compared and the Chilled Milk Registers(RCM) and purchase as per SAP were compared and the Chilled Milk Registers(RCM) and purchase as per SAP were compared and the assessee had not provided any satisfactory explanation in respect of 20,60,848 ovided any satisfactory explanation in respect of 20,60,848 ovided any satisfactory explanation in respect of 20,60,848 litres either during survey or assessment proceedings, thus the AO rightly litres either during survey or assessment proceedings, thus the AO rightly litres either during survey or assessment proceedings, thus the AO rightly made addition by invoking provision u/s. 69A. made addition by invoking provision u/s. 69A.
3. The Ld.CIT(A) erred in deleting the disallowance of expenses of 3. The Ld.CIT(A) erred in deleting the disallowance of expenses of 3. The Ld.CIT(A) erred in deleting the disallowance of expenses of Rs.52,62,942/-incurred on providing freezer boxes to agents holding that they incurred on providing freezer boxes to agents holding that they incurred on providing freezer boxes to agents holding that they are revenue in nature, without appreciating that the freezer belonged to the are revenue in nature, without appreciating that the freezer belonged to the are revenue in nature, without appreciating that the freezer belonged to the assessee company and could be taken back on termination of agency and assessee company and could be taken back on termination of agency and assessee company and could be taken back on termination of agency and hence to be considered as capital in na hence to be considered as capital in nature.
4. The CIT(A) erred deleting in the disallowance of salary expenses amounting 4. The CIT(A) erred deleting in the disallowance of salary expenses amounting 4. The CIT(A) erred deleting in the disallowance of salary expenses amounting to Rs.30,23,496/- claimed to be made to staff of Village level Collection claimed to be made to staff of Village level Collection claimed to be made to staff of Village level Collection centers, without appreciating that the assessee had not furnished supporting centers, without appreciating that the assessee had not furnished supporting centers, without appreciating that the assessee had not furnished supporting documents like break up of name of beneficiaries, account number, amount of up of name of beneficiaries, account number, amount of up of name of beneficiaries, account number, amount of salary, date of credit into their bank accounts to ascertain the genuineness of salary, date of credit into their bank accounts to ascertain the genuineness of salary, date of credit into their bank accounts to ascertain the genuineness of transaction.
For these grounds and any other ground including amendment of grounds 5. For these grounds and any other ground including amendment of grounds 5. For these grounds and any other ground including amendment of grounds that may be raised during the cours that may be raised during the course of the appeal proceedings, the order of e of the appeal proceedings, the order of learned CIT(Appeals) may be set aside and that of the Assessing Officer be learned CIT(Appeals) may be set aside and that of the Assessing Officer be learned CIT(Appeals) may be set aside and that of the Assessing Officer be restored.
Ground No.1 is general in nature which does is general in nature which doesn’ n’t require any adjudication.
Ground No.2 is against the action of the Ld.CIT(A is against the action of the Ld.CIT(A is against the action of the Ld.CIT(A) deleting the addition of Rs.5,45,50,646/ addition of Rs.5,45,50,646/- made towards unaccounted purchase of made towards unaccounted purchase of milk/ unaccounted excess stock made u/s.69A of the Act being the value milk/ unaccounted excess stock made u/s.69A of the Act being the value milk/ unaccounted excess stock made u/s.69A of the Act being the value /Chny/2024 (AY 2019-20) M/s.Vijay Dairy & Farm Products Pvt. Ltd. M/s.Vijay Dairy & Farm Products Pvt. Ltd. of 20,60,848 liters of milk which was quantified as difference in purchase of 20,60,848 liters of milk which was quantified as difference in purchase of 20,60,848 liters of milk which was quantified as difference in purchase during the course of survey. during the course of survey.
4.1 The facts as noted are that, the AO had observed that, the The facts as noted are that, the AO had observed that, the The facts as noted are that, the AO had observed that, the Authorized Officer in the course of survey had found that there in the course of survey had found that there in the course of survey had found that there existed a difference of 20,60,848 litresof milk between the loose sheet in Sl No. 122 difference of 20,60,848 litresof milk between the loose sheet in Sl No. 122 difference of 20,60,848 litresof milk between the loose sheet in Sl No. 122 and the quantity of milk purchased as maintained in the SAP data by the and the quantity of milk purchased as maintained in the SAP data by the and the quantity of milk purchased as maintained in the SAP data by the assessee, and that this discrepancy could not be explained by the General assessee, and that this discrepancy could not be explained by the General assessee, and that this discrepancy could not be explained by the General Manager (finance) as well as th Manager (finance) as well as the Executive Director of the assessee. The e Executive Director of the assessee. The assessee, in the course of assessment, is noted to have explained that, assessee, in the course of assessment, is noted to have explained that, assessee, in the course of assessment, is noted to have explained that, the purported loose sheet Sl. No. 122 which was impounded during the ose sheet Sl. No. 122 which was impounded during the ose sheet Sl. No. 122 which was impounded during the course of survey, was not found from their premises , was not found from their premises, but was prepared at but was prepared at the instructions of the survey team by their office staff. For this, the the instructions of the survey team by their office staff. For this, the the instructions of the survey team by their office staff. For this, the assessee brought to notice the statement given by the Executive Director assessee brought to notice the statement given by the Executive Director assessee brought to notice the statement given by the Executive Director in the course of survey wherein he clearly stated that this loose sheet was in the course of survey wherein he clearly stated that this loose sheet was in the course of survey wherein he clearly stated that this loose sheet was typed by the office staff at the i typed by the office staff at the instance of the survey team nstance of the survey team, and that they need time to reconcile this voluminous data with the SAP data. The need time to reconcile this voluminous data with the SAP data. The need time to reconcile this voluminous data with the SAP data. The relevant extracts of his statement, is noted to be as relevant extracts of his statement, is noted to be as under: under: -
“I understand as you just explained that the RCM data mentioned about “I understand as you just explained that the RCM data mentioned about “I understand as you just explained that the RCM data mentioned about has been typed in excel during the course of this survey by our staff. in excel during the course of this survey by our staff. in excel during the course of this survey by our staff. This voluminous data typed has to be verified, and the data extracted This voluminous data typed has to be verified, and the data extracted This voluminous data typed has to be verified, and the data extracted from SAP also has to be validated” from SAP also has to be validated”
/Chny/2024 (AY 2019-20) M/s.Vijay Dairy & Farm Products Pvt. Ltd. M/s.Vijay Dairy & Farm Products Pvt. Ltd. :: 5 ::
4.2 The assessee therefore explained that, this loose The assessee therefore explained that, this loose- -sheet was not reliable as it was the wo the workings prepared by the investigating officers and rkings prepared by the investigating officers and not any material which was not any material which was already existing at the time of survey. existing at the time of survey. It was submitted that, this excel sheet was typed/prepared from the manual submitted that, this excel sheet was typed/prepared from the manual submitted that, this excel sheet was typed/prepared from the manual registers & records found in the course of survey, which not onl registers & records found in the course of survey, which not onl registers & records found in the course of survey, which not only contained the quantitative details of contained the quantitative details of milk purchased from suppliers, but from suppliers, but also intra-transfers within the factor within the factory from one batch to another from one batch to another. It was thus explained that, this excel sheet had no thus explained that, this excel sheet had no rational basis as it contained basis as it contained absurd quantitative details, fo absurd quantitative details, for the reason that the inter r the reason that the inter-batch/unit transfers were also taken as purchases from suppliers in this excel transfers were also taken as purchases from suppliers in this excel transfers were also taken as purchases from suppliers in this excel noting’s. The assessee further sought to corroborate their explanation . The assessee further sought to corroborate their explanation . The assessee further sought to corroborate their explanation with the fact that, there was no with the fact that, there was no difference in physical inventory of stock difference in physical inventory of stock and stock as per SAP data stock as per SAP data found at the time of survey found at the time of survey and also no material evidencing any unaccounted purchases was found at the time of material evidencing any unaccounted purchases was found at the time of material evidencing any unaccounted purchases was found at the time of survey. These contemporaneous facts, according to the assessee, These contemporaneous facts, according to the assessee, These contemporaneous facts, according to the assessee, supported their case, that this loose supported their case, that this loose-sheet was unreliable and that there was no unaccounted purchases as was being wrongly alleged by relying was no unaccounted purchases as was being wrongly alleged by relying was no unaccounted purchases as was being wrongly alleged by relying on the said loose-sheet no.
122. The AO however is noted to have sheet no.
The AO however is noted to have sheet no.
122. The AO however is noted to have rejected this as an afterthought explanation and an afterthought explanation and accordingly added accordingly added the un-reconciled difference of reconciled difference of 20,60,848 liters of milk, by adopting average , by adopting average rate per liter and thereby made an addition of and thereby made an addition of Rs.5,45,50,646/ Rs.5,45,50,646/- u/s 69A /Chny/2024 (AY 2019-20) M/s.Vijay Dairy & Farm Products Pvt. Ltd. M/s.Vijay Dairy & Farm Products Pvt. Ltd. of the Act. On appeal the Ld. CIT(A) deleted the same. Now the Revenue of the Act. On appeal the Ld. CIT(A) deleted the same. Now the Revenue of the Act. On appeal the Ld. CIT(A) deleted the same. Now the Revenue is before us.
4.3 The Ld. DR appearing for the Revenue has contended that the The Ld. DR appearing for the Revenue has contended that the The Ld. DR appearing for the Revenue has contended that the explanation given by the assessee denying the contents of loose sheet no. explanation given by the assessee denying the contents of loose sheet no. explanation given by the assessee denying the contents of loose sheet no. 122 was an afterthought afterthought and therefore the addition ought to be upheld. and therefore the addition ought to be upheld.
Per contra, the Ld. AR supported the order of the L Per contra, the Ld. AR supported the order of the Ld. CIT(A). d. CIT(A).
4.4 Heard both the parties. The issue Heard both the parties. The issue-in-dispute before us relates to the dispute before us relates to the difference in quantitative details of the purchases of Raw Chilled Milk difference in quantitative details of the purchases of Raw Chilled Milk difference in quantitative details of the purchases of Raw Chilled Milk (‘RCM’) as found noted on loose sheet no. 122 (‘RCM’) as found noted on loose sheet no. 122 vis-à-vis the purchases as the purchases as
per SAP data. We find that per SAP data. We find that, before the Ld. CIT(A), the assessee had , before the Ld. CIT(A), the assessee had submitted that, this loose submitted that, this loose-sheet no. 122 was not found in the course of sheet no. 122 was not found in the course of survey but was typed in an excel sheet by an office staff at the instance survey but was typed in an excel sheet by an office staff at the instance survey but was typed in an excel sheet by an office staff at the instance of the survey team, and had therefore urged that its contents of the survey team, and had therefore urged that its contents of the survey team, and had therefore urged that its contents were not reliable and hence could not be viewed adversely. The Ld. AR explained to reliable and hence could not be viewed adversely. The Ld. AR explained to reliable and hence could not be viewed adversely. The Ld. AR explained to us that, when the survey was conducted at the assessee’s premises, us that, when the survey was conducted at the assessee’s premises, us that, when the survey was conducted at the assessee’s premises, several stock- registers were found to be manually maintained at the floor registers were found to be manually maintained at the floor registers were found to be manually maintained at the floor level. Since these registers were vol level. Since these registers were voluminous, the investigating officer uminous, the investigating officer wanted to reconcile the wanted to reconcile the noting’s in these manual registers with SAP data, in these manual registers with SAP data, for which they required one floor staff to simply type the quantitative for which they required one floor staff to simply type the quantitative for which they required one floor staff to simply type the quantitative details mentioned in all these registers in an excel sheet, for their worki details mentioned in all these registers in an excel sheet, for their worki details mentioned in all these registers in an excel sheet, for their working purposes, which was carried out by the floor staff in a short span of time. purposes, which was carried out by the floor staff in a short span of time. purposes, which was carried out by the floor staff in a short span of time.
/Chny/2024 (AY 2019-20) M/s.Vijay Dairy & Farm Products Pvt. Ltd. M/s.Vijay Dairy & Farm Products Pvt. Ltd. :: 7 ::
He further explained that, the floor staff did He further explained that, the floor staff didn’t apply their their mind to the contents of these manual registers contents of these manual registers, but simply typed the details onto an but simply typed the details onto an excel sheet at the time of sur excel sheet at the time of survey. According to the Ld. AR, this fact was vey. According to the Ld. AR, this fact was verifiable from the time verifiable from the time-stamp which would be discernible from this excel stamp which would be discernible from this excel sheet, which was printed and seized by way of loose sheet, which was printed and seized by way of loose-sheet no. 122 in the sheet no. 122 in the course of survey. We find this explanation of the assessee to be course of survey. We find this explanation of the assessee to be course of survey. We find this explanation of the assessee to be plausible, in light of the statement of the Executive Director recorded at the time of in light of the statement of the Executive Director recorded at the time of in light of the statement of the Executive Director recorded at the time of survey, which is being extracted again survey, which is being extracted again below, -
“I understand as you just explained that the RCM data mentioned about “I understand as you just explained that the RCM data mentioned about “I understand as you just explained that the RCM data mentioned about has been typed in excel during the course of this has been typed in excel during the course of this survey by our staff. survey by our staff. This voluminous data typed has to be verified, and the data extracted This voluminous data typed has to be verified, and the data extracted This voluminous data typed has to be verified, and the data extracted from SAP also has to be validated” from SAP also has to be validated”
4.5 Having regard to the above and the facts as discernible from Having regard to the above and the facts as discernible from Having regard to the above and the facts as discernible from records, we countenance the following findings of the Ld. CIT(A) records, we countenance the following findings of the Ld. CIT(A) records, we countenance the following findings of the Ld. CIT(A) holding this loose-sheet to be unreliable, : sheet to be unreliable, :-
“6.2.7 ..Thus from the above fact it can be inferred that the loose Thus from the above fact it can be inferred that the loose Thus from the above fact it can be inferred that the loose sheet relied upon by the AO is nothing but the data prepared during the sheet relied upon by the AO is nothing but the data prepared during the sheet relied upon by the AO is nothing but the data prepared during the course of survey by comparing the SAP data and RCM data prepared by course of survey by comparing the SAP data and RCM data prepared by course of survey by comparing the SAP data and RCM data prepared by the staff at time of survey. The RCM data prepared by staff during the e staff at time of survey. The RCM data prepared by staff during the e staff at time of survey. The RCM data prepared by staff during the course of survey has not revealed the true affairs, since the data was course of survey has not revealed the true affairs, since the data was course of survey has not revealed the true affairs, since the data was not verified properly. not verified properly.
6.2.8 The undersigned is of the view that the loose sheet relied The undersigned is of the view that the loose sheet relied The undersigned is of the view that the loose sheet relied upon by the AO in the assess upon by the AO in the assessment order is not the one which was ment order is not the one which was prepared by the Appellant during the course of its business. Obviously, it prepared by the Appellant during the course of its business. Obviously, it prepared by the Appellant during the course of its business. Obviously, it is the comparative figures prepared during the course of survey by the is the comparative figures prepared during the course of survey by the is the comparative figures prepared during the course of survey by the survey team. On account of this, the character of “loose sheet” to treat survey team. On account of this, the character of “loose sheet” to treat survey team. On account of this, the character of “loose sheet” to treat as incriminating material, has lostits significance s incriminating material, has lostits significance.”
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4.6 To buttress the above Ld. CIT(A)’s findings, the Ld. AR also To buttress the above Ld. CIT(A)’s findings, the Ld. AR also To buttress the above Ld. CIT(A)’s findings, the Ld. AR also brought to our notice that, the brought to our notice that, the noting’s in this excel sheet contained inter in this excel sheet contained inter unit/batch transfers, which was discernible from the unit/batch transfers, which was discernible from the noting’s noting’s on the excel sheet image reproduced in the assessment order. Having perused the sheet image reproduced in the assessment order. Having perused the sheet image reproduced in the assessment order. Having perused the same, we find merit in his argument that the figures mentioned on this same, we find merit in his argument that the figures mentioned on this same, we find merit in his argument that the figures mentioned on this excel sheet didn’t solely contain details of purchases from suppliers solely contain details of purchases from suppliers solely contain details of purchases from suppliers, but inter-unit and inter-batch transfers taken from the factory registers and batch transfers taken from the factory registers and batch transfers taken from the factory registers and hence it was not possible to reconcile these figures with purchases as per hence it was not possible to reconcile these figures with purchases as per hence it was not possible to reconcile these figures with purchases as per SAP data, due to improper, incomplete and non SAP data, due to improper, incomplete and non-verifiable data. verifiable data.
4.7 According to us, the unreliability of the above loose According to us, the unreliability of the above loose According to us, the unreliability of the above loose-sheet is also found to be corroborated from the fact that, there was no found to be corroborated from the fact that, there was no found to be corroborated from the fact that, there was no discrepancy in physical stock and stock as per SAP data found by the survey authorities and stock as per SAP data found by the survey authorities and stock as per SAP data found by the survey authorities.
It is also observed that, the survey authorities did It is also observed that, the survey authorities didn’t find even a single t find even a single instance or evidence which instance or evidence which suggested that, the assessee had effected any suggested that, the assessee had effected any sales in cash or had made any unaccounted purchases in cash. Had the sales in cash or had made any unaccounted purchases in cash. Had the sales in cash or had made any unaccounted purchases in cash. Had the assessee made such huge quantity of unaccounted purchases during the assessee made such huge quantity of unaccounted purchases during the assessee made such huge quantity of unaccounted purchases during the year, some evidence in form of difference in physical stock, year, some evidence in form of difference in physical stock, year, some evidence in form of difference in physical stock, noting’s of cash purchases or cash sales etc. would have been found in survey. cash purchases or cash sales etc. would have been found in survey. cash purchases or cash sales etc. would have been found in survey.
However, the absence of any such incriminating evidence or details, However, the absence of any such incriminating evidence or details, However, the absence of any such incriminating evidence or details, supports the assessee’s plea that, the above referred loose supports the assessee’s plea that, the above referred loose supports the assessee’s plea that, the above referred loose-sheet was not /Chny/2024 (AY 2019-20) M/s.Vijay Dairy & Farm Products Pvt. Ltd. M/s.Vijay Dairy & Farm Products Pvt. Ltd. reliable and that the assessee had not effect reliable and that the assessee had not effected any unaccounted ed any unaccounted purchases outside the books of accounts. purchases outside the books of accounts.
4.8 Apart from the above, we also countenance the Ld. CIT(A)’s Apart from the above, we also countenance the Ld. CIT(A)’s Apart from the above, we also countenance the Ld. CIT(A)’s following finding that, the invocation of Section 69A of the Act by the AO following finding that, the invocation of Section 69A of the Act by the AO following finding that, the invocation of Section 69A of the Act by the AO was legally untenable, as it did not have any application was legally untenable, as it did not have any application was legally untenable, as it did not have any application on the given facts of the present case. The relevant findings taken note of by us is as facts of the present case. The relevant findings taken note of by us is as facts of the present case. The relevant findings taken note of by us is as follows: -
“6.2.11 In the instant case the AO has invoked the provisions of In the instant case the AO has invoked the provisions of In the instant case the AO has invoked the provisions of section of section 69A of the Act to treat the alleged difference as section of section 69A of the Act to treat the alleged difference as section of section 69A of the Act to treat the alleged difference as unaccounted purchase / unaccounted purchase / unaccounted excess stock in the order. unaccounted excess stock in the order. Whereas it can be seen that the Appellant company was not found to be Whereas it can be seen that the Appellant company was not found to be Whereas it can be seen that the Appellant company was not found to be owner of any money, bullion, jewellery or other valuable article which is owner of any money, bullion, jewellery or other valuable article which is owner of any money, bullion, jewellery or other valuable article which is not recorded in the books of accounts of the Appellant company by the not recorded in the books of accounts of the Appellant company by the not recorded in the books of accounts of the Appellant company by the survey team. Further the AO has not called for any explanation in this rvey team. Further the AO has not called for any explanation in this rvey team. Further the AO has not called for any explanation in this regard and in the absence of any such explanation, the AO has not regard and in the absence of any such explanation, the AO has not regard and in the absence of any such explanation, the AO has not made any findings that the explanation offered in his opinion is not made any findings that the explanation offered in his opinion is not made any findings that the explanation offered in his opinion is not satisfactory. Thus the undersigned is of the view th satisfactory. Thus the undersigned is of the view that the AO has at the AO has inappropriately invoked the provisions of section 69A of the Act to treat inappropriately invoked the provisions of section 69A of the Act to treat inappropriately invoked the provisions of section 69A of the Act to treat the difference in stock as unaccounted purchase / unaccounted excess the difference in stock as unaccounted purchase / unaccounted excess the difference in stock as unaccounted purchase / unaccounted excess stock. Accordingly it is considered that the addition made by the AO stock. Accordingly it is considered that the addition made by the AO stock. Accordingly it is considered that the addition made by the AO treating the difference as una treating the difference as unaccounted purchase / unaccounted excess ccounted purchase / unaccounted excess stock is not sustainable both on legality and merits.” stock is not sustainable both on legality and merits.”
4.9 In view of the above, we see no reason to interfere with the order In view of the above, we see no reason to interfere with the order In view of the above, we see no reason to interfere with the order of Ld. CIT(A) deleting the addition made on account of unaccounted of Ld. CIT(A) deleting the addition made on account of unaccounted of Ld. CIT(A) deleting the addition made on account of unaccounted purchases of RCM. Accord purchases of RCM. Accordingly, this ground of Revenue stands dismissed. ingly, this ground of Revenue stands dismissed.
5. Ground No. 3 of the Revenue is against the order of Ld. CIT(A) of the Revenue is against the order of Ld. CIT(A) of the Revenue is against the order of Ld. CIT(A) deleting the disallowance of sales promotion expenses of Rs.52,62,942/ deleting the disallowance of sales promotion expenses of Rs.52,62,942/ deleting the disallowance of sales promotion expenses of Rs.52,62,942/- made by the AO holding it to be capital in nature. The facts as noted made by the AO holding it to be capital in nature. The facts as noted made by the AO holding it to be capital in nature. The facts as noted are /Chny/2024 (AY 2019-20) M/s.Vijay Dairy & Farm Products Pvt. Ltd. M/s.Vijay Dairy & Farm Products Pvt. Ltd. that, during the relevant year, the assessee had debited sum of that, during the relevant year, the assessee had debited sum of that, during the relevant year, the assessee had debited sum of Rs.52,62,942/- towards towards sales promotion expenditure, which the AO found , which the AO found comprised of the cost of comprised of the cost of freezer boxes provided to the retail vendors by freezer boxes provided to the retail vendors by the assessee. According to the AO, these assessee. According to the AO, these freezer boxes belong to the ezer boxes belong to the assessee and could be taken back if and when the contract with a be taken back if and when the contract with a be taken back if and when the contract with a particular vendor ends and therefore, it was in the nature of capital asset and therefore, it was in the nature of capital asset and therefore, it was in the nature of capital asset and not revenue expenditure and not revenue expenditure. The AO thus disallowed the cost of The AO thus disallowed the cost of purchase of freezer boxes boxes holding it to be capital in nature. holding it to be capital in nature.
5.1 On appeal, the Ld. CIT(A) is noted to have deleted the disallowance On appeal, the Ld. CIT(A) is noted to have deleted the disallowance On appeal, the Ld. CIT(A) is noted to have deleted the disallowance by observing as under: under: -
“6.3.6 The undersigned has carefully examined the submission of the The undersigned has carefully examined the submission of the The undersigned has carefully examined the submission of the Appellant. As submitted by the Appellant there can be no dispute about Appellant. As submitted by the Appellant there can be no dispute about Appellant. As submitted by the Appellant there can be no dispute about the expenditure incurred by the appellant in purchase of freezer and the the expenditure incurred by the appellant in purchase of freezer and the the expenditure incurred by the appellant in purchase of freezer and the same was put into business activities of the Appell same was put into business activities of the Appellant. It is also not ant. It is also not disputed that the freezer are lying at various selling points at all times. disputed that the freezer are lying at various selling points at all times. disputed that the freezer are lying at various selling points at all times. From the facts it can be seen that oncethe freezers are given to the From the facts it can be seen that oncethe freezers are given to the From the facts it can be seen that oncethe freezers are given to the selling vendors, the Appellant has no control over the said freezers and selling vendors, the Appellant has no control over the said freezers and selling vendors, the Appellant has no control over the said freezers and the same is left w the same is left with the agents. It can also be appreciated that no ith the agents. It can also be appreciated that no agent will return back the used freezer to the Appellant. When the agent will return back the used freezer to the Appellant. When the agent will return back the used freezer to the Appellant. When the Appellant has lost its control over the product, there can be no point in Appellant has lost its control over the product, there can be no point in Appellant has lost its control over the product, there can be no point in arguing that the freezers are the assets of the Appellant Compan arguing that the freezers are the assets of the Appellant Compan arguing that the freezers are the assets of the Appellant Company. In practice, it is a kind of incentive / gift given to the Agents to promote practice, it is a kind of incentive / gift given to the Agents to promote practice, it is a kind of incentive / gift given to the Agents to promote sales to the Appellant as well as the agent. In addition in the absence of sales to the Appellant as well as the agent. In addition in the absence of sales to the Appellant as well as the agent. In addition in the absence of such freezers there is every possibility that any non such freezers there is every possibility that any non-sold item will perish sold item will perish at the selling point. In at the selling point. In such scenario the findings of the AO that such scenario the findings of the AO that these freezer boxes belong to the company and shall be taken back if and freezer boxes belong to the company and shall be taken back if and freezer boxes belong to the company and shall be taken back if and when the contract with a particular ends when the contract with a particular endsis contrary to the practice in is contrary to the practice in vogue, once the freezers are handed over to the Agent, the Appellant vogue, once the freezers are handed over to the Agent, the Appellant vogue, once the freezers are handed over to the Agent, the Appellant lost its control over such asset. ost its control over such asset.
6.3.7 The Hon’ble Apex Court in the case of Empire Jute Co Ltd Vs. The Hon’ble Apex Court in the case of Empire Jute Co Ltd Vs. The Hon’ble Apex Court in the case of Empire Jute Co Ltd Vs. CIT-1980 124 ITR 1 (SC) has held that to treat a particular expenditure 1980 124 ITR 1 (SC) has held that to treat a particular expenditure 1980 124 ITR 1 (SC) has held that to treat a particular expenditure pertains to the character of revenue or capital, there does not exist an pertains to the character of revenue or capital, there does not exist an pertains to the character of revenue or capital, there does not exist an /Chny/2024 (AY 2019-20) M/s.Vijay Dairy & Farm Products Pvt. Ltd. M/s.Vijay Dairy & Farm Products Pvt. Ltd. all-embracing formula which can provide a ready solution to the ing formula which can provide a ready solution to the ing formula which can provide a ready solution to the problem; no touchstone has been devised and that every case has to be problem; no touchstone has been devised and that every case has to be problem; no touchstone has been devised and that every case has to be decided on its own facts keeping mind the broad picture of the whole decided on its own facts keeping mind the broad picture of the whole decided on its own facts keeping mind the broad picture of the whole operation in respect of which the expenditure has been incurred operation in respect of which the expenditure has been incurred operation in respect of which the expenditure has been incurred.
6.3.8 The undersigned has taken into consideration the broad The undersigned has taken into consideration the broad The undersigned has taken into consideration the broad picture of the operation in respect of which the expenditure was incurred picture of the operation in respect of which the expenditure was incurred picture of the operation in respect of which the expenditure was incurred by the Appellant, while doing so naturally the expenditure has to be by the Appellant, while doing so naturally the expenditure has to be by the Appellant, while doing so naturally the expenditure has to be seen from the eye of the appellant. The appellant seen from the eye of the appellant. The appellant Company has reported Company has reported a turnover of Rs.106,33,55,523/ a turnover of Rs.106,33,55,523/- and claimed a sum of Rs.52,62,942/ and claimed a sum of Rs.52,62,942/- towards freezer boxes supplied to the agents which is 0.49% of the towards freezer boxes supplied to the agents which is 0.49% of the towards freezer boxes supplied to the agents which is 0.49% of the gross turnover. The AO has failed to look into the products sold by the gross turnover. The AO has failed to look into the products sold by the gross turnover. The AO has failed to look into the products sold by the Appellant which are perisha Appellant which are perishable items. The Appellant has put forward the ble items. The Appellant has put forward the contention that in the absence of such a freezer, the agents will not be contention that in the absence of such a freezer, the agents will not be contention that in the absence of such a freezer, the agents will not be able to sell the products to the end consumer which may result in return able to sell the products to the end consumer which may result in return able to sell the products to the end consumer which may result in return back of the product. The returned product will have no value whic back of the product. The returned product will have no value whic back of the product. The returned product will have no value which may result in loss. When this overall situation is considered, the undersigned result in loss. When this overall situation is considered, the undersigned result in loss. When this overall situation is considered, the undersigned is of the view that providing of freezer to agents can only be a revenue is of the view that providing of freezer to agents can only be a revenue is of the view that providing of freezer to agents can only be a revenue expenditure and cannot be taken as capital expenditure since the expenditure and cannot be taken as capital expenditure since the expenditure and cannot be taken as capital expenditure since the Appellant has lost its control once t Appellant has lost its control once the freezers are handed over to the he freezers are handed over to the agents. In this backdrop, the undersigned is not inclined to accept the agents. In this backdrop, the undersigned is not inclined to accept the agents. In this backdrop, the undersigned is not inclined to accept the contention of the AO to treat the amount as capital expenditure. In view contention of the AO to treat the amount as capital expenditure. In view contention of the AO to treat the amount as capital expenditure. In view of this, all the grounds raised by the Appellant upon this issue are of this, all the grounds raised by the Appellant upon this issue are of this, all the grounds raised by the Appellant upon this issue are treated as allowed and the AO is directed to delete the addition of Rs. as allowed and the AO is directed to delete the addition of Rs. as allowed and the AO is directed to delete the addition of Rs. 52,62,942/- treated as capital expenditure for the AY 2019 treated as capital expenditure for the AY 2019- -20.”
5.2 Aggrieved, the Revenue is now in appeal before us. Aggrieved, the Revenue is now in appeal before us.
5.3 Heard both the parties. From the material placed on record, it is Heard both the parties. From the material placed on record, it is Heard both the parties. From the material placed on record, it is noted that, the assessee is engaged in the business of processing & oted that, the assessee is engaged in the business of processing & oted that, the assessee is engaged in the business of processing & supply of milk & milk products, which by its very nature is perishable. supply of milk & milk products, which by its very nature is perishable. supply of milk & milk products, which by its very nature is perishable.
Accordingly, when the assessee supplies the milk & milk products to its Accordingly, when the assessee supplies the milk & milk products to its Accordingly, when the assessee supplies the milk & milk products to its vendors for further sale to consumers, it als vendors for further sale to consumers, it also provides freezer boxes to o provides freezer boxes to the vendors to store the said milk the vendors to store the said milk/milk products to prevent it from getting milk products to prevent it from getting spoilt/damaged. These freezer boxes are therefore provided to the damaged. These freezer boxes are therefore provided to the damaged. These freezer boxes are therefore provided to the vendors to facilitate the business of the assessee, because as per the vendors to facilitate the business of the assessee, because as per the vendors to facilitate the business of the assessee, because as per the /Chny/2024 (AY 2019-20) M/s.Vijay Dairy & Farm Products Pvt. Ltd. M/s.Vijay Dairy & Farm Products Pvt. Ltd. agreed terms, if the milk f the milk/milk- products gets spoilt/damaged or perishes damaged or perishes early than expected, the vendors would early than expected, the vendors wouldn’t pay for the same. We agree t pay for the same. We agree with the assessee, that these freezer with the assessee, that these freezer- boxes are imperative to facilitate boxes are imperative to facilitate the sales, as in the absence of the absence of the freezer- boxes, the agents agents may not be able to sell the products to the end able to sell the products to the end-consumer and that the sales and that the sales-returns would increase by manifolds. These freezer would increase by manifolds. These freezer- boxes are noted to remain in boxes are noted to remain in possession of the agents/vendors and since individually these are not of possession of the agents/vendors and since individually these are not of possession of the agents/vendors and since individually these are not of any major value, and having regard to the wear & tear, these freezer nd having regard to the wear & tear, these freezer nd having regard to the wear & tear, these freezer boxes are seldomly returned back to the assessee. On the given facts boxes are seldomly returned back to the assessee. On the given facts boxes are seldomly returned back to the assessee. On the given facts therefore, we are of the view that, the expenses incurred for purchasing therefore, we are of the view that, the expenses incurred for purchasing therefore, we are of the view that, the expenses incurred for purchasing these freezer boxes supplied to the agents these freezer boxes supplied to the agents/vendors are meant to vendors are meant to facilitate the assessee’s business and does the assessee’s business and doesn’t give the assessee any advantage in give the assessee any advantage in capital field.
5.4 At this stage, it would be At this stage, it would be relevant to discuss the discuss the principles laid down judgment of Hon’ble Hon’ble Supreme Court in the case ofEmpire Jute Vs Empire Jute Vs CIT (124 ITR 1) relied upon by the Ld. CIT(A), wherein relied upon by the Ld. CIT(A), wherein relied upon by the Ld. CIT(A), wherein the theory of expenditure of enduring nature, expenditure of enduring nature, was repelled, in a great measure. In that in a great measure. In that case, the Hon’ble Supreme Court noted that by decided cases, Supreme Court noted that by decided cases, Supreme Court noted that by decided cases, that the Courts had evolved various tests for distinguishing between evolved various tests for distinguishing between evolved various tests for distinguishing between the capital and revenue expenditure and revenue expenditure, but no test is paramount or conclusive. but no test is paramount or conclusive. It was accordingly held that, every case has to be decided on its facts keeping in very case has to be decided on its facts keeping in very case has to be decided on its facts keeping in /Chny/2024 (AY 2019-20) M/s.Vijay Dairy & Farm Products Pvt. Ltd. M/s.Vijay Dairy & Farm Products Pvt. Ltd. mind the broad picture of whole operation in respect of which the mind the broad picture of whole operation in respect of which the mind the broad picture of whole operation in respect of which the expenditure has been incurred expenditure has been incurred. One such test which was specifically . One such test which was specifically spelled-out and may be relevant for our purpose was out and may be relevant for our purpose was out and may be relevant for our purpose was "when an expenditure is made not only once and for all, but with a view to bringing expenditure is made not only once and for all, but with a view to bringing expenditure is made not only once and for all, but with a view to bringing into existence or an advantage for which enduring benefit of a trade, the into existence or an advantage for which enduring benefit of a trade, the into existence or an advantage for which enduring benefit of a trade, the expenditure can be treated as capital in nature and not attributable to ture can be treated as capital in nature and not attributable to ture can be treated as capital in nature and not attributable to revenue". However, the Hon’ble Apex the Hon’ble Apex Court in the same breath cautioned in the same breath cautioned that, it would be misleading to suppose that , it would be misleading to suppose that, in all cases securing a in all cases securing a benefit for business expenditure would be capital benefit for business expenditure would be capital expenditure. The Court expenditure. The Court is noted to have accordingly held as is noted to have accordingly held as under: -
"There may be cases where expenditure, even if incurred for obtaining "There may be cases where expenditure, even if incurred for obtaining "There may be cases where expenditure, even if incurred for obtaining advantage, of enduring benefit, may, none advantage, of enduring benefit, may, none-the-less, be on revenue less, be on revenue account and the test of enduring benefit may break account and the test of enduring benefit may break down. It is not every down. It is not every advantage of enduring nature acquired by an assesses that brings the advantage of enduring nature acquired by an assesses that brings the advantage of enduring nature acquired by an assesses that brings the case within the principle laid down in this test. What is material to case within the principle laid down in this test. What is material to case within the principle laid down in this test. What is material to consider is the nature of the advantage in a commercial sense and it is consider is the nature of the advantage in a commercial sense and it is consider is the nature of the advantage in a commercial sense and it is only where the advantag only where the advantage is in the capital field that the expenditure e is in the capital field that the expenditure would be disallowable on an application of this test. would be disallowable on an application of this test. If the advantage If the advantage consists merely in facilitating the assessee's trading operations consists merely in facilitating the assessee's trading operations consists merely in facilitating the assessee's trading operations or enabling the management and conduct of the assessee's or enabling the management and conduct of the assessee's or enabling the management and conduct of the assessee's business to be business to be carried on more efficiently or more profitably carried on more efficiently or more profitably while leaving the fixed capital untouched, the expenditure would e leaving the fixed capital untouched, the expenditure would e leaving the fixed capital untouched, the expenditure would be on revenue account, even though the advantage may endure be on revenue account, even though the advantage may endure be on revenue account, even though the advantage may endure for an indefinite future. The test of enduring benefit is therefore for an indefinite future. The test of enduring benefit is therefore for an indefinite future. The test of enduring benefit is therefore not a certain or not a certain or conclusive test and it cannot be applied blindly conclusive test and it cannot be applied blindly and mechanically without regard to the particular facts and and mechanically without regard to the particular facts and and mechanically without regard to the particular facts and circumstances of a given case. circumstances of a given case."
(emphasis supplied) (emphasis supplied)
5.5 We find the decisions rendered by the Hon’ble Supreme Court We find the decisions rendered by the Hon’ble Supreme Court We find the decisions rendered by the Hon’ble Supreme Court in the case of CIT v. Associated Cement Companies Ltd. (172 ITR 257) Associated Cement Companies Ltd. (172 ITR 257) Associated Cement Companies Ltd. (172 ITR 257), /Chny/2024 (AY 2019-20) M/s.Vijay Dairy & Farm Products Pvt. Ltd. M/s.Vijay Dairy & Farm Products Pvt. Ltd. and Hon’ble Rajasthan High Court in the case and Hon’ble Rajasthan High Court in the case of CIT v. Anand Gum CIT v. Anand Gum Industries (154 ITR 680) Industries (154 ITR 680) to be on the same lines.
5.6 Applying the aforesaid principle to the facts of this case, Applying the aforesaid principle to the facts of this case, Applying the aforesaid principle to the facts of this case, we observe that, the impugned expenses incurred on freezer boxes to facilitate sales d expenses incurred on freezer boxes to facilitate sales d expenses incurred on freezer boxes to facilitate sales of the assessee, was rightly treated by the Ld. CIT(A) as of the assessee, was rightly treated by the Ld. CIT(A) as of the assessee, was rightly treated by the Ld. CIT(A) as revenue in nature, as there is no advantage which has accrued to the assessee in the there is no advantage which has accrued to the assessee in the there is no advantage which has accrued to the assessee in the capital field. Rather, t Rather, the expenditure was incurred to f he expenditure was incurred to facilitate the assessee's trading operations. assessee's trading operations. In support of our foregoing view, we In support of our foregoing view, we gainfully refer to the decision of the Hon’ble Delhi High Court in the case gainfully refer to the decision of the Hon’ble Delhi High Court in the case gainfully refer to the decision of the Hon’ble Delhi High Court in the case of CIT Vs Pepsico India Holdings Ltd (207 Taxman 5) CIT Vs Pepsico India Holdings Ltd (207 Taxman 5) CIT Vs Pepsico India Holdings Ltd (207 Taxman 5) wherein the expenditure incurred on glow signs expenditure incurred on glow signs & neon signs installed at several & neon signs installed at several locations for advertisement of their products was held to be revenue in locations for advertisement of their products was held to be revenue in locations for advertisement of their products was held to be revenue in nature, as it was meant to facilitate the business of the assessee and did nature, as it was meant to facilitate the business of the assessee and did nature, as it was meant to facilitate the business of the assessee and did not give any permanent advantage in capital field, though there was an not give any permanent advantage in capital field, though there was an not give any permanent advantage in capital field, though there was an enduring advantage in future. uring advantage in future.
5.7 In light of the above reasons and the given facts of the present In light of the above reasons and the given facts of the present In light of the above reasons and the given facts of the present case, as discussed above, we countenance the above findings of Ld. case, as discussed above, we countenance the above findings of Ld. case, as discussed above, we countenance the above findings of Ld. CIT(A) CIT(A) CIT(A) holding holding holding the the the expenditure expenditure expenditure on on on freezer freezer freezer boxes boxes boxes supplied supplied supplied to to to agents/vendors for storing the assessee’s milk products to be revenue in vendors for storing the assessee’s milk products to be revenue in vendors for storing the assessee’s milk products to be revenue in nature. Accordingly, this ground is dismissed. this ground is dismissed.
/Chny/2024 (AY 2019-20) M/s.Vijay Dairy & Farm Products Pvt. Ltd. M/s.Vijay Dairy & Farm Products Pvt. Ltd. :: 15 ::
Ground No. 4 raised by the Revenue is against the Ld. CIT(A)’s raised by the Revenue is against the Ld. CIT(A)’s raised by the Revenue is against the Ld. CIT(A)’s action of deleting the disallowance of salary expenses of Rs.30,24,546/ action of deleting the disallowance of salary expenses of Rs.30,24,546/ action of deleting the disallowance of salary expenses of Rs.30,24,546/-.
The facts on records reveals that, the AO e facts on records reveals that, the AO while examining examining the books of accounts found that a accounts found that a bulk sum of Rs.30,23,496/-has been claimed as has been claimed as salary paid to Village Level Collection Centers to Village Level Collection Centers (‘VLCC’). The AO observed The AO observed that, the salary had not been paid specifically to any individual person that, the salary had not been paid specifically to any individual person that, the salary had not been paid specifically to any individual person and that the details of the bank account of the individual person to which and that the details of the bank account of the individual person to which and that the details of the bank account of the individual person to which payment was done, was not made available by the assessee. According to payment was done, was not made available by the assessee. According to payment was done, was not made available by the assessee. According to AO therefore the amount debited by way of ‘VLCC staff salary’ remained unt debited by way of ‘VLCC staff salary’ remained unt debited by way of ‘VLCC staff salary’ remained unsubstantiated and accordingly he disallowed the same. On appeal, the unsubstantiated and accordingly he disallowed the same. On appeal, the unsubstantiated and accordingly he disallowed the same. On appeal, the Ld. CIT(A) deleted the impugned disallowance. Aggrieved, the Revenue is Ld. CIT(A) deleted the impugned disallowance. Aggrieved, the Revenue is Ld. CIT(A) deleted the impugned disallowance. Aggrieved, the Revenue is in appeal before us.
6.1 Heard both the parties. It is observ Heard both the parties. It is observed that, the assessee is in the ed that, the assessee is in the business of processing and selling milks. The assessee therefore procures business of processing and selling milks. The assessee therefore procures business of processing and selling milks. The assessee therefore procures milks from several villages, who transfer the raw milk to chilling milks from several villages, who transfer the raw milk to chilling milks from several villages, who transfer the raw milk to chilling centers, which is turn, is transported to the factory. The assessee has accordingly which is turn, is transported to the factory. The assessee has accordingly which is turn, is transported to the factory. The assessee has accordingly employed staff at these village level procurement employed staff at these village level procurement centers, to whom salary , to whom salary is paid on monthly basis. As is commonly found in major institutions, the is paid on monthly basis. As is commonly found in major institutions, the is paid on monthly basis. As is commonly found in major institutions, the salary is paid in bulk in form of a single debit to the Bank, through a salary is paid in bulk in form of a single debit to the Bank, through a salary is paid in bulk in form of a single debit to the Bank, through a consolidated cheque/RTGS, and the B consolidated cheque/RTGS, and the Bank in turn, credits the salaries in ank in turn, credits the salaries in the accounts of the respective beneficiaries the accounts of the respective beneficiaries/employees. This is a common employees. This is a common /Chny/2024 (AY 2019-20) M/s.Vijay Dairy & Farm Products Pvt. Ltd. M/s.Vijay Dairy & Farm Products Pvt. Ltd. practice adopted by practice adopted by corporates these days, as it prevents the these days, as it prevents the administrative hassle of drawing up several cheques for individual administrative hassle of drawing up several cheques for individual administrative hassle of drawing up several cheques for individual employees each month. Instead, effectively this task is outsourced to the nth. Instead, effectively this task is outsourced to the nth. Instead, effectively this task is outsourced to the assessee’s Bank, who receives the payment in bulk and effects the assessee’s Bank, who receives the payment in bulk and effects the assessee’s Bank, who receives the payment in bulk and effects the payment of salaries to individual account of employee/s, whose payment of salaries to individual account of employee/s, whose payment of salaries to individual account of employee/s, whose details/KYC have already been provided to the Bank. Accordingly, in th KYC have already been provided to the Bank. Accordingly, in th KYC have already been provided to the Bank. Accordingly, in the bank book of such an assessee, one single consolidated debit towards bank book of such an assessee, one single consolidated debit towards bank book of such an assessee, one single consolidated debit towards salary expense is found, as opposed to individual debits in relation to salary expense is found, as opposed to individual debits in relation to salary expense is found, as opposed to individual debits in relation to salaries of each employee/s. The AO is noted to have misunderstood this salaries of each employee/s. The AO is noted to have misunderstood this salaries of each employee/s. The AO is noted to have misunderstood this common business practice and wrongly doub common business practice and wrongly doubted the genuineness of the ted the genuineness of the single debit appearing in bank statement by way of ‘VLCC staff salary’ as single debit appearing in bank statement by way of ‘VLCC staff salary’ as single debit appearing in bank statement by way of ‘VLCC staff salary’ as opposed to salaries being individually paid to the respective bank opposed to salaries being individually paid to the respective bank opposed to salaries being individually paid to the respective bank accounts of the employee/s. We find that, the Ld. CIT(A) had rightly accounts of the employee/s. We find that, the Ld. CIT(A) had rightly accounts of the employee/s. We find that, the Ld. CIT(A) had rightly appreciated the factual matrix of the case by holding as under: tual matrix of the case by holding as under: tual matrix of the case by holding as under:-
“6.4.4 The undersigned has carefully examined the issue. The The undersigned has carefully examined the issue. The The undersigned has carefully examined the issue. The Appellant during the course of Assessment Proceedings has Appellant during the course of Assessment Proceedings has Appellant during the course of Assessment Proceedings has submitted before the A.O. that the amount claimed salary was submitted before the A.O. that the amount claimed salary was submitted before the A.O. that the amount claimed salary was paid by way of consolidated ch paid by way of consolidated cheque to M/s. AXIS Bank Limited, eque to M/s. AXIS Bank Limited, Manachallur Branch, to facilitate them to disburse the amount Manachallur Branch, to facilitate them to disburse the amount Manachallur Branch, to facilitate them to disburse the amount through bank to the respective beneficiaries. The Appellant through bank to the respective beneficiaries. The Appellant through bank to the respective beneficiaries. The Appellant submitted name of the person to whom the salary was paid submitted name of the person to whom the salary was paid submitted name of the person to whom the salary was paid before the A.O. To substantiate this claim th before the A.O. To substantiate this claim the Appellant submitted e Appellant submitted the details of amount paid, Account No., Name of the Bank, IFS the details of amount paid, Account No., Name of the Bank, IFS the details of amount paid, Account No., Name of the Bank, IFS Code. The A.O. has simply disallowed this amount for want of Code. The A.O. has simply disallowed this amount for want of Code. The A.O. has simply disallowed this amount for want of proof. It may be appreciated that the expenditure was incurred by proof. It may be appreciated that the expenditure was incurred by proof. It may be appreciated that the expenditure was incurred by making a consolidated payment to a bank and making a consolidated payment to a bank and the bank in turn the bank in turn credited the amount in the respective bank account of the credited the amount in the respective bank account of the credited the amount in the respective bank account of the beneficiaries. This is the practice followed by all the major beneficiaries. This is the practice followed by all the major beneficiaries. This is the practice followed by all the major /Chny/2024 (AY 2019-20) M/s.Vijay Dairy & Farm Products Pvt. Ltd. M/s.Vijay Dairy & Farm Products Pvt. Ltd. institutions in paying the salary to their employees. When the institutions in paying the salary to their employees. When the institutions in paying the salary to their employees. When the Appellant is able to identify the Name of the Individual Appellant is able to identify the Name of the Individual Appellant is able to identify the Name of the Individual, Amount, Account No., Bank Branch and IFS Code, there exist no ground to Account No., Bank Branch and IFS Code, there exist no ground to Account No., Bank Branch and IFS Code, there exist no ground to suspect the transaction. When the evidences are un suspect the transaction. When the evidences are un suspect the transaction. When the evidences are un-rebuttable, there can be no ground on the part of the A.O. to disallow such there can be no ground on the part of the A.O. to disallow such there can be no ground on the part of the A.O. to disallow such expenditure unless contrary findings are made in the or expenditure unless contrary findings are made in the or expenditure unless contrary findings are made in the order. In view of this, the undersigned has considered that disallowance of view of this, the undersigned has considered that disallowance of view of this, the undersigned has considered that disallowance of salary expenses claimed by the Appellant contemplated by the salary expenses claimed by the Appellant contemplated by the salary expenses claimed by the Appellant contemplated by the A.O. is not sustainable on merits. Accordingly, all the grounds A.O. is not sustainable on merits. Accordingly, all the grounds A.O. is not sustainable on merits. Accordingly, all the grounds raised by the Appellant upon this issue are hereby treate raised by the Appellant upon this issue are hereby treate raised by the Appellant upon this issue are hereby treated as allowed, and the A.O. is directed to delete the addition of allowed, and the A.O. is directed to delete the addition of allowed, and the A.O. is directed to delete the addition of Rs.30,23,496/- being the disallowance of salary.”
6.2 We thus see no reason to interfere with the above findings of the We thus see no reason to interfere with the above findings of the We thus see no reason to interfere with the above findings of the Ld. CIT(A) and accordingly dismiss this ground of the Revenue. Ld. CIT(A) and accordingly dismiss this ground of the Revenue. Ld. CIT(A) and accordingly dismiss this ground of the Revenue.
In the result, appeal filed by the Revenue is dismissed. he result, appeal filed by the Revenue is dismissed. he result, appeal filed by the Revenue is dismissed.
Order pronounced on the 19th day of March, 2025, in Chennai. Order pronounced on the , in Chennai.