2012 (1) TMI 327 - AT - Income Tax

Summary

Issues Involved:
1. Validity of the order based on the report of Special Auditors u/s 142(2A).
2. Application of NP rate on disclosed and undisclosed sales.
3. Deletion of additions related to unrecorded business receipts.
4. Disallowance of expenses due to non-deduction of TDS.
5. Deletion of additions related to unrecorded advances and protective investments.
6. Disallowance of telephone and vehicle expenses.

Summary:

1. Validity of the order based on the report of Special Auditors u/s 142(2A):
The assessee contended that the order by the AO based on the Special Auditors' report was beyond the provisions of sec.142(2A). The Tribunal, following its previous decision in Shri Ritesh Somani's case, held that the reference for special audit was in accordance with the law and dismissed the appeals.

2. Application of NP rate on disclosed and undisclosed sales:
For the assessment year 2004-05, the CIT(A) applied an NP rate of 10% on disclosed sales, which was contested by the assessee. The Tribunal directed to apply a net profit rate of 6% for assessment years 2004-05, 2005-06, 2007-08, and 2008-09. For undisclosed sales, the Tribunal applied an NP rate of 8%, considering some expenses are included in such sales. This was consistent across multiple assessment years.

3. Deletion of additions related to unrecorded business receipts:
The AO made additions for unrecorded transportation receipts and JCB rent, which were deleted by the CIT(A). The Tribunal upheld the deletion, emphasizing the application of a consolidated NP rate on total sales and transportation receipts.

4. Disallowance of expenses due to non-deduction of TDS:
The AO disallowed expenses u/s 40(a)(ia) for non-deduction of TDS on contract payments. The CIT(A) deleted these additions, and the Tribunal upheld the deletion, noting that the expenses were related to unaccounted business where sec.194C provisions were not applicable.

5. Deletion of additions related to unrecorded advances and protective investments:
The AO made additions for unrecorded advances and protective investments based on Annexure-24, which were claimed to pertain to Smt. Meena Somani. The CIT(A) deleted these additions, and the Tribunal upheld the deletion, confirming that the transactions were verifiable from Smt. Meena Somani's records.

6. Disallowance of telephone and vehicle expenses:
The AO disallowed a portion of telephone and vehicle expenses for personal use. The CIT(A) reduced the disallowances, and the Tribunal upheld the CIT(A)'s decision, allowing a reasonable amount for personal use. Depreciation on vehicles was disallowed to the extent of 1/8th u/s 38(2).

Conclusion:
The Tribunal partly allowed the appeals of both the assessee and the revenue, providing specific directions on the application of NP rates, deletion of certain additions, and reasonable disallowance of expenses.