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Income Tax Appellate Tribunal, CUTTACK ‘SMC’ BENCH,
Before: SHRI N.S SAINI
IN THE INCOME TAX APPELLATE TRIBUNAL CUTTACK ‘SMC’ BENCH, CUTTACK BEFORE SHRI N.S SAINI, ACCOUNTANT MEMBER
ITA No.41 /CTK/2016 Assessment Year :2010-2011
Smt. Sarita Bharalawala, Vs. ACIT, Circle 2(2), Cuttack Choudhary Bazar, Cuttack. PAN/GIR No. AAWPB 4453 E (Appellant) .. ( Respondent)
Assessee by : Shri Mahavir Prasad Mundhra, AR Revenue by : Shri D.K.Pradhan, DR
Date of Hearing : 03 /01/ 2017 Date of Pronouncement : 03/01/ 2017
O R D E R This is an appeal filed by the assessee against the order of CIT(A)-
Cuttack, dated 16.11.2015, for the assessment year 2010-2011.
In Ground Nos.2 & 3 of the appeal, the grievance of the assessee is that
the ld CIT(A) erred in confirming the addition of Rs.68,447/- out of claim of
Rs.2,69,804/- under the head “travelling and conveyance” and Rs.74,429/-
under the head “vehicle maintenance and fuel charges” and Rs.23,382/- @
10% under the head “sales promotion expenses” of Rs.2,33,820/-.
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I have heard the rival submissions and perused the orders of lower
authorities and materials available on record. During the course of
assessment proceedings, the Assessing Officer found that the assessee has
claimed Rs.6,68,868/- i.e. under the head “travelling & conveyance” of
Rs.2,69,804/- , vehicle maintenance and fuel expenses of Rs.74,429/- and
sales promotion expenses of Rs.2,33,820/-. The Assessing Officer observed
that the assessee could not furnish supporting documentary evidence such as
bills/vouchers to substantiate the claim of expenses incurred wholly for the
purposes of business and hence, disallowed 20% out of total expenses and
added Rs.1,15,610/- to the income of the assessee.
On appeal, ld CIT(A) confirmed the disallowance made by the Assessing
Officer under the head “travelling and conveyance” “vehicle maintenance and
fuel expenses” on the ground that it contained personal element in such
expenses. As regards sales promotion expenses, he restricted the
disallowance to 10% of the total expenses of Rs.2,33,820/- in place of 20%
made by the Assessing Officer.
Being aggrieved, the assessee is in appeal before the Tribunal.
Before me, ld A.R. of the assessee submitted that all the expenses
claimed by the assessee are incurred wholly and exclusively for the purposes
of business of the assessee. He submitted that the travelling & conveyance
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expenses are incurred by the staff of the assessee company. He submitted
that there are hotel bills for the same. On a query by the Bench that whether
the person who stayed in the hotel as per the bill shown is staff as per muster
roll maintained by the assessee company, he submitted that no such muster
roll is maintained and the salary is paid by cash. In the above facts and
circumstances of the case, as the expenses claimed by the assessee is being
incurred otherwise than the business purposes of the assessee, personal uses
cannot be ruled out. Hence, I do not find any good and justifiable reason to
interfere with the order of the ld CIT(A), which is hereby confirmed and
Ground Nos.3 & 4 are dismissed.
In Ground No.4 of the appeal, the grievance of the assessee is that the
ld CIT(A) erred in restricting the disallowance out of discount of Rs.2,06095/-
@ 10% in place of 20% made by the Assessing Officer.
I have heard the rival submissions and perused the orders of lower
authorities and materials available on record. In the instant case, the
Assessing Officer found that the assessee has debited Rs.10,30,477/- towards
discount from the gross turnover for arriving at the net turnover. The
Assessing Officer found that the average rate of discount as compared to the
net sales of the assessee works out to 2.5%. During the course of
assessment, the assessee was asked to produce the details of such discount
deducted from the gross sales, ledger copies and sale invoice copies for
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verification, which was complied with by the assessee. After verifying the
ledger copies, the Assessing Officer found that the percentage of discount
given on the sales varies from 2% to 2.5%. Hence, he disallowed 20% out of
the total discount claimed by the assessee.
On appeal, ld CIT(A) observed that the Assessing Officer in the remand
report has observed that the discount is found to have been allowed through
issue of credit note there being no specific contract, agreement for such
purpose.. Apparently it is an unilateral accounting entry. As the discount is
not allowed in “Bills”, it is not verifiable whether the debtor is actual recipient
of the discount. There may be occasions when cash receipts from the debtors
could have been suppressed with the entry of discount in the ledger account
and hence, he restricted the disallowance to 10% out of total discount claimed
by the assessee.
Before me, ld A.R. of the assessee submitted that the discounts have
been given by way of issue of credit note and hence, the observation of the
Assessing Officer that it can be cash received from the debtors which have
been suppressed with the entry of discount in the ledger account is without
any basis and, therefore, the disallowance should be deleted.
On the other hand, ld D.R. supported the order of the ld CIT(A).
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I find force in the arguments of ld A.R. of the assessee. No material has
been brought on record either by the Assessing Officer or by the ld CIT(A) to
show that the credit notes issues by the assessee represent the cash receipts
from the debtors, which have been suppressed with the entry of discount in
the ledger account. The disallowance has been made only on conjectures and
surmises by the Assessing Officer, which cannot be sustained in law without
bringing credible evidence on record. Hence, I set aside the orders of the
lower authorities on this issue and delete the disallowance made @ 10% out
of discount of Rs.2,06,095/- and allow this ground of appeal of the assessee.
In the result, the appeal filed by the assessee is partly allowed. Order pronounced in the open court on 03/01/2017 in the presence of parties. Sd/- (N.S Saini) ACCOUNTANT MEMBER Cuttack; Dated 03/01 /2017 B.K.Parida, SPS Copy of the Order forwarded to : 1. The appellant :Smt. Sarita Bharalawala, Choudhary Bazar, Cuttack. 2. The respondent: ACIT, Circle 2(2), Cuttack 3. The CIT(A), Cuttack 4. CIT, cuttack 5. DR, ITAT, Cuttack 6. Guard file. //True Copy// BY ORDER,
ASST.REGISTRAR, ITAT, Cuttack