2014 (10) TMI 322 - AT - Income Tax

Accrual of income - Difference in gross receipts as per TDS certificates vis- -vis as per books of account Held that - There was a difference in the amount of payments as mentioned in TDS certificate of RSMM Ltd. and the receipts shown in the books of accounts maintained by the assessee - the assessee explained the difference through reconciliation statement which was forwarded by the CIT(A) to the AO for his comments - nothing is brought on record to substantiate that the explanation along with reconciliation statement furnished by the assessee was incorrect the order of the CIT(A) is upheld Decided against revenue. Miscellaneous expenses disallowed Held that - The gross profit rate declared by the assessee was progressive in comparison to the preceding years and the AO had not pointed out any specific instance where the expenses were not incurred for the business purposes or claim of the assessee was bogus and non-genuine - the addition made by the AO on the basis of assumption and presumption was rightly deleted by the CIT(A) the order of the CIT(A) is upheld Decided against revenue.

Summary

Issues Involved:
1. Deletion of addition of Rs. 86,98,958/- made on account of difference in gross receipts as per TDS certificates vis-`a-vis as per books of account.
2. Deletion of addition of Rs. 1,50,000/- made on account of disallowance of miscellaneous expenses.

Issue-wise Detailed Analysis:

1. Deletion of Addition of Rs. 86,98,958/-:
The primary issue revolves around the difference in gross receipts as per TDS certificates and the books of account. The assessee, a cooperative society engaged in transportation, mining, and excavation, had discrepancies between the gross receipts reported by Rajasthan State Mines Minerals Ltd. (RSMM Ltd.) and the figures in its books. The Assessing Officer (AO) noted a difference of Rs. 86,98,958/- and added this amount to the income, as the assessee failed to provide a satisfactory explanation.

The assessee appealed, arguing that the AO mistakenly considered the gross receipts as per TDS certificates at Rs. 7,88,38,504/- instead of Rs. 7,01,39,564/-. The assessee provided a detailed reconciliation, explaining that the discrepancy was due to the different accounting methods (mercantile for the assessee and cash for RSMM Ltd.). The Ld. CIT(A) acknowledged errors in the AO's calculations and accepted most of the assessee's reconciliations, reducing the discrepancy to Rs. 41,476/-, which was sustained as an addition.

The Department contended that the reconciliation was not initially provided to the AO and maintained that RSMM Ltd. used a mercantile system, implying no need for reconciliation. However, the Tribunal found that the Ld. CIT(A) had correctly evaluated the reconciliation and reduced the addition to Rs. 41,476/-, aligning with the evidence provided by the assessee. The Tribunal upheld the Ld. CIT(A)'s decision, finding no valid ground to interfere.

2. Deletion of Addition of Rs. 1,50,000/-:
The second issue concerned the disallowance of Rs. 1,50,000/- out of miscellaneous expenses. The AO disallowed this amount on the grounds that the expenses were based on self-made vouchers, questioning their authenticity. The assessee argued that such expenses were common in labor-oriented businesses and that the gross profit rate was higher than in previous years, indicating no need for disallowance.

The Ld. CIT(A) found the addition to be based on general assumptions without specific instances of wrong or bogus claims. The AO had not compared the current year's expenses with those of previous years. Consequently, the Ld. CIT(A) deleted the addition, deeming it unwarranted.

The Tribunal agreed with the Ld. CIT(A), noting that the gross profit rate was progressive and the AO had not identified any specific non-business or bogus expenses. The Tribunal found no merit in the Department's appeal and upheld the deletion of the Rs. 1,50,000/- disallowance.

Conclusion:
The Tribunal dismissed the Department's appeal, affirming the Ld. CIT(A)'s decisions to reduce the addition related to the TDS discrepancy to Rs. 41,476/- and to delete the Rs. 1,50,000/- disallowance of miscellaneous expenses. The Tribunal found the Ld. CIT(A)'s evaluations and reconciliations to be thorough and justified.