M/S. IMPERIAL AUTO INDUSTRIES LTD.,NEW DELHI vs. DCIT, FARIDABAD
In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that the disallowance on account of short and excess recoveries was not sustainable as it was a consistent practice of the assessee and allowed as deduction. Similarly, the disallowance of business promotion expenses was deleted as there was no basis or discrepancy pointed out by the revenue authorities.
What were the facts?
The assessee appealed against the disallowance of Rs. 5,75,145/- on account of short & excess recoveries and Rs. 5,00,000/- on account of business promotion expenses. The assessee argued that these issues were covered by previous ITAT orders in its own case.
What were the issues?
Whether disallowance on account of short/excess recoveries and business promotion expenses is justified without any basis or discrepancy pointed out by revenue authorities.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH ‘C’, NEW DELHI
Before: Sh. H. S. SidhuDr. B. R. R. Kumar
Per Dr. B. R. R. Kumar, Accountant Member:
The present appeal has been filed by the assessee against the orders of the ld. CIT(A)-44, New Delhi dated 16.08.2016.
Following grounds have been raised by the assessee:
1. That having regard to the facts and circumstances of the case, Ld. CIT(A) has erred in law and on facts in upholding the action of the Ld. A.O. in making a disallowance of Rs.5,75,145/- on account of short & excess recoveries that too without any basis and merely on the basis of surmises and conjectures.
2. That in any case and in any view of the matter, action of Ld. CIT(A) in confirming the action of Ld. AO in making a disallowance of Rs. 5,75,145/- is bad in law and against the facts and circumstances of the case.
Imperial Auto Industries Ltd. 3. That having regard to the facts and circumstances of the case, Ld. CIT(A) has erred in law and on facts in confirming the action of Ld. A.O. in making disallowance to the extent of Rs.5,00,000/- on account of business promotion expenses holding the same to have been incurred allegedly for non business purpose that too without any basis and merely on the basis of surmises and conjectures.”
During the course of hearing, the ld. Counsel for the assessee at the very outset stated that the issue at ground no. 1 pertaining to bad debts (short and excess recovery) is squarely covered in assessee’s favour vide order dated 14.09.2018 in for the assessment year 2009-10 in assessee’s own case.
The ld. Sr. DR although supported the order of the AO but could not controvert the aforesaid contention of the ld. Counsel for the assessee.
We have considered the submissions of both the parties and perused the material available on the record. In the present case, it is noticed that an identical issue having similar facts was a subject matter of the assessee’s appeal in the relevant findings have been given in para 5 which read as under: “5. We have carefully considered the rival contentions and also perused the orders of the lower authorities. The brief facts of the disallowance is that assessee identifies at the end of the year the ledger balances of the trade creditors and debtors and when small amounts are involved in those accounts, then they are clubbed together. Such amount may be either the credit or debit. On the nature of the final balances, it is written off if the debit accounts are in excess and it is written back if credit amounts are in excess. This practice is followed by the assessee every year. The learned Authorized Representative has submitted a chart from assessment year 2005-06 to assessment year
Imperial Auto Industries Ltd. 2014-15 wherein assessee is consistently following this practice of write off. All the assessment years involved are assessed under section 143(3) of the Act and in four prior years and three subsequent years to the impugned assessment year the claim of the assessee is allowed. Even otherwise the above amounts written off are mostly pertaining to the sundry debtors and creditors. Because of the smallness of the amount some are clubbed together and are transferred to profit and loss account. In the event it is debited to the profit and loss account it par takes the character of either discount or bad debts. In the present year the amount is debited to the profit and loss account, therefore, naturally it par takes the character of discount or write off of the bad debt. Both these expenditure are allowable as deduction. In view of above facts, we direct the learned Assessing Officer to delete the disallowance of Rs.3,09,792/- on account of short and excess recoveries. Reversing the order of the learned CIT (Appeals) we allow ground Nos. 1 to 3 of the appeal of the assessee.”
Hence, in the absence of any material change on the facts of the issue the, addition is hereby deleted.
Regarding the second ground pertaining to disallowance of business promotion expenses of Rs.5,00,000/-, the ld. AR stated that the issue is squarely covered in assessee’s favour vide earlier order dated 15.12.2017 in for the assessment year 2012-13 in assessee’s own case.
The ld. Sr. DR although supported the order of the AO but could not controvert the aforesaid contention of the ld. Counsel for the assessee.
We have considered the submissions of both the parties and perused the material available on the record. In the present case, it is noticed that an identical issue having similar facts was a subject matter of the assessee’s appeal in ITA No.
Imperial Auto Industries Ltd. 4604/Del/2016, the relevant findings have been given in para 5 which read as under: “5. We have carefully gone through the record. It is an undisputed fact that neither the Ld. AO not the Ld CIT(A) pointed out any discrepancy relating to the “Business Promotion Expenses” with reference to the books of accounts of the assessee. Books of accounts of the assessee are not rejected. Though, the Ld. AO and for that matter Ld. CIT(A) made the ad hoc disallowance, there does not appear to be any basis for the same. It is not in dispute that vide letter dated 26/09/2014 the assessee has always been maintaining that expenses are purely and comprehensively further business purpose. There is no dispute that any of these expenses are not for business purpose. It is not the case of the Revenue that any of these expenses is towards personal expense of any person relating to the assessee. In these circumstances, we find it difficult to sustain the ad-hoc disallowance, in the absence of authorities pointing out any discrepancy in respect of these expenses with reference to the books of accounts maintained by the assessee. There is no basis for quantifying the disallowance. We, therefore, find it difficult to sustain the orders of the authorities below, as such, while upholding the contention of the assessee, we find that the disallowance has to be deleted. We, accordingly, direct the AO to delete the disallowance.”
Hence, in the absence of any material change on the facts of the issue the, addition is hereby deleted.
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