LAXMAN S. RAPOLU,DOMBIVALI vs. ITO 15(2)(1), MUMBAI

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ITA 4574/MUM/2015Status: DisposedITAT Mumbai10 December 2015AY 2009-103 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the assessee's claim was unsubstantiated and lacked any basis or material evidence. The denial of deduction by the Revenue was therefore upheld on merits.

What were the facts?

The assessee claimed a franchise fee of Rs. 5,92,500/- paid to one Mr. Ravi Kumar for getting business. The assessee failed to produce Mr. Ravi Kumar, who was untraceable, and did not provide any substantiation for the payment.

What were the issues?

Whether the franchise fee paid was a genuine business expenditure and adequately substantiated by the assessee.

Which sections of the Income-tax Act were involved?

Section 37(1)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “SMC” BENCH, MUMBAI

Before: SHRI SANJAY ARORA, AM

For Appellant: Shri Ramulu Rapolu, Shri Vishwas Jadhav
For Respondent: Shri Vishwas Jadhav
Hearing: 01.12.2015

Order : 10.12.2015 आदेश / O R D E R Per Sanjay Arora, A. M.: This is an Appeal by the Assessee directed against the Order by the Commissioner of Income Tax (Appeals)-17, Mumbai (‘CIT(A)’ for short) dated 09.3.2015, dismissing the Assessee’s appeal contesting its assessment u/s.143(3) of the Income Tax Act, 1961 (‘the Act’ hereinafter) for the assessment year (A.Y.) 2009- 10 vide order dated 30.12.2011.

2.

The only issue in appeal relates to the disallowance of the assessee-appellants’ claim for franchise fees, claimed to be paid in the sum of Rs.5,92,500/-, in the computation of his business income. The brief facts of the case are that the assessee, an individual, engaged in the business of data entry, claimed to have paid the impugned sum to one, Mr. Ravi Kumar, for getting business. It was explained by him in the assessment proceedings (vide letter dated 26.12.2011), that though he initially

1.

(A.Y. 2009-10) Laxman S. Rapolu vs. ITO got some business through the said person, thereafter Ravi Kumar disappeared and was not traceable. Notice u/s. 133(6) (dated 26.9.2011) sent to the said party earlier had came back un-served, with the postal remark ‘Unknown’. The assessee had failed to produce the said party. Under the circumstances, in view of the Assessing Officer (A.O.), neither the genuineness of the said party nor of the assessee’s claim was proved. He, accordingly, disallowed the same. No improvement in his case being made in the first appellate proceedings, the same stood confirmed in appeal, so that the assessee, aggrieved, is in second appeal.

3.

During hearing, as in the past, the assessee’s brother, Sh. Ramulu Rapolu, attended. The assessee, he would submit, has not been able to engage any counsel, even as he had approached as many as four CAs. This is as on an earlier occasion adjournment had been sought on that ground. The hearing may, therefore, be proceeded with; his brother, who had authorized him (letter on record), continuing to be not well. In canvassing the case, the facts with which he was well conversant, the assessee’s case, he clarified, continued to be the same as before the Revenue authorities. That is, that the assessee had been duped. The ld. Departmental Representative (DR), on the other hand, pleaded that the assessee’s case continued to be wholly unsubstantiated; rather, only a make-believe.

4.

The parties have been heard, and the material on record perused. The only evidence adduced by the assessee, as gathered from the reading of the assessment and the impugned order; the assessee having not adduced any materials before the Tribunal, is toward the impugned payment being made by a bank draft. Even though stated to be to the said Ravi Kumar, even this cannot be said to be proved. Even so, who is this person, and what are his antecedents? How was he in a position to get the business to the assessee, as where the assessee participated in a tendering process, in which the said person had or could played a part? Was there any past association with him? What is the basis of the amount worked out, which is paid not in a round sum, and admittedly without any agreement or contract? What business

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