Facts
The assessee, a real estate firm, claimed commission and land development expenses. The Assessing Officer (AO) made ad hoc additions of 10% to both expenses for lack of sufficient supporting documents and disallowed certain expenses. The CIT(A) upheld these additions.
Held
The Tribunal held that the AO made ad hoc disallowances without rejecting the books of accounts and without pointing out specific discrepancies. The assessee had provided substantial evidence for commission payments through banking channels and for land development expenses paid to regulatory authorities.
Key Issues
Whether ad hoc disallowance of commission and land development expenses made by the AO without rejecting books of accounts and without specific evidence of incorrectness is sustainable.
Sections Cited
143(3), 142(1), 194H, 44AB
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Income Tax Appellate Tribunal, Hyderabad ‘ A ‘ Bench, Hyderabad
आदेशकी प्रनतनलनप अग्रेनर्त/ Copy of the order forwarded to:- Sri Tirumala Estates, 16-2-705/10/A/B, 2nd Floor, 1. निर्धाररती/The Assessee : Malakpet, Hyderabad – 500036. 2. रधजस्व/ The Revenue : The Income Tax Officer, Ward 1(1), Hyderabad. 3. The Principal Commissioner of Income Tax, Hyderabad. 4. नवभधगीयप्रनतनिनर्, आयकर अपीलीय अनर्करण, हैदरधबधद / DR, ITAT, Hyderabad 5. गधर्ाफ़धईल / Guard file
आदेशधिुसधर / BY ORDER
Sr. Private Secretary ITAT, Hyderabad