2011 (7) TMI 1189 - AT - Income Tax

Summary

Issues involved: Assessment under section 143(3) r.w.s. 153 A of the Income Tax Act for the assessment years 2006-07, correctness of order confirming addition of inflated labour charges.

Summary:

Issue 1: Alleged inflated labour charges
The Appellate Tribunal considered the case where the assessee contested the correctness of the addition of Rs. 34,53,812 made by the Assessing Officer for alleged inflated labour charges. The assessee claimed to have paid consolidated charges to contractors for various services under the head 'labour charges'. The Tribunal noted that during a search operation, incriminating documents were found, revealing systematic inflation of expenses through bogus bank accounts. The Assessing Officer disallowed a portion of claimed labour charges, considering the actual payment rates and lack of stock records. The CIT(A) upheld the disallowance, stating that the Assessing Officer's action was fair. The Tribunal directed the CIT(A) to recompute the disallowance based on actual bills of labour charges, requiring the assessee to provide necessary details for verification.

Separate Judgement:
In a separate judgement, the Tribunal allowed the appeal for statistical purposes, remitting the matter to the CIT(A) for recomputing the disallowance based on observations in a similar case within the assessee's group.

This judgement highlights the importance of substantiating expense claims with proper documentation and the need for accurate computation of disallowances based on actual records.