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Income Tax Appellate Tribunal, INDORE BENCH, INDORE
Before: SHRI D.T. GARASIA & SHRI O.P. MEENA
आदेश /O R D E R
PER SHRI D.T. GARASIA, JM This appeal has been filed by the assessee against the
order of the learned CIT(A)-II, Indore, dated 31.5.2016.
Rajendra prasad Dua ITA No.877/Ind/2016 2. Ground no.1 of the appeal is that the learned CIT(A)
was not justified in maintaining the interest expenses at
15% as against the average rate of 17%.
The short facts of the case are that the assessee has
taken loan in the firm at the rate ranging between 15% to
18% whereas in personal capacity the loans were taken @
12% to 13%. The Assessing Officer, therefore, disallowed
Rs.4,47,000/- being the deferential interest. On appeal, the
learned CIT(A) restricted the interest at 15% as against the
average rate of 17% with the direction to the Assessing
Officer to delete the resultant addition. Being dissatisfied
with this, the assessee is in appeal before the Tribunal.
Before us, the learned counsel for the assessee
submitted that the funds borrowed for the business
purpose were borrowed with the understanding that the
same were long term loan and lenders will not pressurise
the assessee to repay the loan. The learned counsel for the 2
Rajendra prasad Dua ITA No.877/Ind/2016 assessee also submitted that the same Assessing Officer
has restricted the interest to 15% in the assessment of
proprietorship concern.
On the other hand, the learned DR relied on the order
of the learned CIT(A) and submitted that the learned CIT(A)
has rightly restricted the rate of interest to 15%.
Having heard both the sides, we find that since the
Assessing Officer himself has restricted the addition to 15%
in the preceding assessment year, as contended by the
learned counsel for the assessee himself, in our opinion,
the learned CIT(A) has rightly restricted the interest to
15%. In this view of the matter, this ground of appeal of
the assessee fails and is dismissed.
Ground no. 2 is that the learned CIT(A) was not
justified in maintaining partial addition of Rs.2,00,000/- as
Rajendra prasad Dua ITA No.877/Ind/2016 made by the Assessing Officer u/s 40A(2)(b) of the Act on
account of salary paid to related parties.
The short facts of the case are that the assessee paid
huge salary amounting to Rs.8,16,000/- to three relatives,
viz. Kiran Kumar Dua, Rajesh Dua and Rakesh Dua. The
total payment made on account of salary was Rs.28.98
lacs. The Assessing Officer observed that the highest and
lowest salary paid to non-relative employees were Rs. 1.32
lacs and Rs. 48,000/- respectively. The Assessing Officer,
therefore, restricted the salary of the above three persons
at Rs. 1.32 lacs each and the balance amount of Rs. 4.20
lacs was added u/s 40A(2)(b) of the Act. On appeal, the
learned CIT(A) restricted the addition to Rs. 2 lacs as
against Rs. 4.20 lacs as made by the Assessing Officer. Still
being dis-satisfied, the assessee is in appeal before the
Tribunal.
Rajendra prasad Dua ITA No.877/Ind/2016 9. Before us, the learned counsel for the assessee
submitted that the relatives of the assessee were actively
involved in the business of the assessee and they were
looking after day to day activities of the business. The
learned counsel for the assessee also submitted that they
are also assessed to income tax. The learned counsel for
the assessee, therefore, prayed that the salary paid to
relatives may kindly be accepted.
On the other hand, the learned DR relied upon
the order of the learned CIT(A) with the submission that
the learned CIT(A) has rightly restricted the addition to
Rs.2 lacs which finding of the may kindly be sustained.
We have considered the submissions of both the
sides. We find that the learned CIT(A) has rightly pointed
out that the salary paid to the relatives was on higher side.
However, taking into consideration the involvement of
relatives in day to day activities in the business of the 5
Rajendra prasad Dua ITA No.877/Ind/2016 assessee, the learned CIT(A) has restricted the addition to
Rs. 2 lacs by granting relief of Rs.2.20 lacs to the assessee.
In our opinion, since the learned CIT(A) has decided the
issue only after considering all the aspects of the matter,
we sustain the order of the learned CIT(A) and dismiss this
ground of appeal of the assessee.
Ground no. 3 is that the learned CIT(A) has erred in
maintaining ad hoc disallowance to the extent of
Rs.41,306/- out of various expenses on account of shop
rent, conveyance expenses, telephone expenses and
travelling expenses.
The short facts of the case are that on perusal of the
P&L account it was seen by the Assessing Officer that the
following expenses were not properly vouched :-
S.No. Head Amount (Rs.) 1. Shop expenses 2,38,374 2. Conveyance 1,99,756 3. Telephone expenses 1,05,293
Rajendra prasad Dua ITA No.877/Ind/2016 4. Travelling expenses 2,82,763
The Assessing Officer also held that the assessee failed to
establish that the above expenditure was incurred
exclusively for the purpose of business entity. The
Assessing Officer, therefore, disallowed 10% of such
expenses. On appeal, the learned CIT(A) reduced the
disallowance to 5%. Now the assessee is in appeal before
the Tribunal.
Having heard both the sides, we find that the learned
CIT(A) has rightly restricted the disallowance to 5% of the
above expenses claimed by the assessee. We, therefore, find
no infirmity in the finding of the learned CIT(A) and
accordingly dismiss this ground of appeal.
Ground no.4 relates to maintaining the partial
disallowance of Rs. 5,78,845/- on account of commission
paid.
Rajendra prasad Dua ITA No.877/Ind/2016 16. During the course of assessment proceedings the
Assessing Officer found that the assessee has claimed
commission expenses of Rs. 20,92,154/- as against an
amount of Rs. 7,47,571/- for the assessment year 2011-12
which meant increase of 280% whereas the turnover
during the relevant assessment year has gone up by only
123%. The Assessing Officer, therefore, restricted the
commission expenses to 123% and the balance expenditure
of Rs. 11,57,690/- was disallowed. On appeal, the learned
CIT(A) restricted the addition to 50%. Still dissatisfied, the
assessee is in appeal before the Tribunal.
Before us, the learned counsel for the assessee
submitted that the assessee maintains day to day financial
record/books of accounts which are audited and all the
relevant bills/vouchers and details of commission were
maintained. The learned counsel for the assessee further
submitted that the Assessing Officer did not point out any
Rajendra prasad Dua ITA No.877/Ind/2016 specific defect in maintenance of books of accounts nor the
same were rejected u/s 145 of the Act and as such without
rejecting the books of accounts, no disallowance could be
made. The learned counsel for the assessee, therefore,
submitted that the commission expenses claimed by the
assessee may kindly be allowed.
On the other hand, the learned DR supported the
order of the learned CIT(A).
We have considered the submissions of both the sides.
We find that the assessee has neither been able to justify
the commission expenses before the authorities below nor
the same could be explained before us. The assessee has
also not been able to explain steep increase in commission
expenditure as compared to increase in the turnover. We,
therefore, find no infirmity in the finding of the learned
CIT(A) and accordingly uphold the same. This ground is,
therefore, dismissed. 9
Rajendra prasad Dua ITA No.877/Ind/2016 20. Ground no. 5 relates to maintaining ad hoc
disallowance to the extent of Rs.50,000/- out of freight and
cartage expenses.
The short facts of the case are that during the
assessment proceedings the Assessing Officer observed
that some of the bills/vouchers were not traceable. He also
found that some of the expenses were incurred in cash. He,
therefore, disallowed Rs. 50,000/- towards freight and
cartage expenses. On appeal, the learned CIT(A) confirmed
the action of the Assessing Officer.
We have heard both the sides. We find that the
Assessing Officer has made the disallowance of
Rs.50,000/- towards freight and cartage expenses only
after discussion with the learned counsel for the assessee.
Since the assessee himself has agreed to the addition, we
do not find any flaw in the orders of the authorities below.
We, therefore, confirm the same. 10
Rajendra prasad Dua ITA No.877/Ind/2016 23. In the result, the appeal of the assessee stands
dismissed.
The order has been pronounced in open Court on
6th January, 2017.
Sd/- sd/-
(ओ.पी.मीना) (डी.ट�.गरा�सया) लेखा सद�य �या�यक सद�य (O.P.Meena) (D.T.Garasia) Accountant Member Judicial Member
�दनांक /Dated : 6th January, 2017
Dn/