2015 (10) TMI 472 - AT - Income Tax

Addition under the head labour charges shown payable - CIT(A) deleted the addition - assessee s audit report had shown this sum as provision on current liabilities - Held that - Its P is not justifiable. This lordships quote earlier decision reported as CIT vs. Sonal Hem Industries (2009 (2) TMI 84 - GUJARAT HIGH COURT). The Revenue does not point out distinction on facts and law. Its corresponding ground is accordingly rejected.- Decided against revenue. Low household withdrawal addition - Held that - It has come on record that assessee is a bachelor and his father has already made withdrawal of Rs. 5, 83, 000/- sufficient for the family. - Decided against revenue.

Summary

Issues:
1. Addition of labor charges shown payable
2. Disallowance of depreciation
3. Low household withdrawal addition

Issue 1: Addition of labor charges shown payable

The Revenue challenged the deletion of an addition of &8377; 17,30,383 under the head "labor charges shown payable." The Assessing Officer believed the payment to laborers was insufficient, leading to the addition. However, the CIT(A) reversed this decision based on the explanation provided by the appellant. The appellant clarified that the delay in payment was due to non-receipt of job-work receipts during a tough time for the diamond industry. The appellant argued that labor payments in the diamond industry typically remain outstanding for 2-3 months and are made based on fund availability. The CIT(A) found no defects in the labor payment records and rejected the AO's presumption that payments were made outside the books. The CIT(A) deleted the addition, emphasizing that the AO's reasoning was insufficient to justify the addition.

Issue 2: Disallowance of depreciation

The Revenue sought to restore the disallowance of depreciation amounting to &8377; 9,24,475. The Assessing Officer disallowed a portion of the claimed depreciation, alleging that certain machines were not put to use. However, the appellant explained that the machines were essential for diamond cutting activities and were also used for importing and manufacturing polished diamonds. The lower appellate authority accepted the appellant's contentions, noting that the machines were integral to the business activities. The appellate authority deleted the disallowance, emphasizing that depreciation should be allowed on assets forming part of the block of assets, as established in previous assessments. The Revenue's challenge was rejected based on established legal principles and precedents.

Issue 3: Low household withdrawal addition

The Revenue sought to increase the household withdrawal addition from &8377; 53,000 to &8377; 67,000. However, it was revealed that the appellant, a bachelor, had a father who had already withdrawn &8377; 5,83,000, which was deemed sufficient for the family. The Revenue's request for an additional withdrawal was rejected based on the existing withdrawal amount being considered adequate. The appellate tribunal dismissed the Revenue's appeal, upholding the decisions made in favor of the appellant.

In conclusion, the appellate tribunal upheld the CIT(A)'s decision to delete the addition of labor charges shown payable and the disallowance of depreciation, while rejecting the Revenue's request for an increased household withdrawal addition. The judgment emphasized the importance of proper documentation, adherence to legal principles, and consistency in decision-making based on established precedents.