2017 (8) TMI 1615 - AT - Income Tax

Addition of Donation and subscription account - HELD THAT - Assessee had filed the evidence i.e. copy of ledger and evidence of donation and subscription before the AO. The ledger in respect to donation and subscription has been supported by evidence which is found placed. Thus we find that the assessee had in fact filed the bills of each expenditure before the AO. We note that the subscription and donation was given by the assessee to various organizations to avoid confrontation and to smooth running of its business and therefore the expenses incurred by the assessee on subscription and donation is incidental to assessee s business and are allowable as business expenditure. This view has been upheld in the case of CIT Vs. Bata India Ltd. 1993 (3) TMI 89 - CALCUTTA HIGH COURT wherein it has been held that contribution to local puja and festival committees or organizations to avoid confrontation and for smooth running of its business are allowable as business expenditure. Therefore we allow this ground of appeal of the assessee. Addition under the head repairs - ad hoc disallowance of 20% taking note of the fact that the expenses were made in cash and there were only internal voucher to support the same and since there is no way to verify the same and there being chances of inflation of the claim of expenses he made the disallowance of 20% of such expenses - HELD THAT - When all the evidence were filed before the AO and from the bills the addresses of the service providers are available so if the AO wanted to verify the veracity of the bills he could have easily verified the veracity of the bills from the service providers. We note that the AO has made the disallowance only on the basis of surmises and conjectures. We note that the assessee maintained books u/s. 44AB of the Act which was duly audited u/s. 44AB of the Act as well as u/s. 227(4) of the Companies Act 1956. The assessee had produced the copy of the ledger account and the supporting vouchers and bills before the AO therefore the finding of the AO that there was no evidence to support the claim is erroneous and we find that all the evidences were filed before the AO and the ad hoc disallowance was not warranted. In case the AO had any doubt in respect of any bills the AO should have verified it from the payees whose addresses are available in the bills/vouchers which were on record. In such a scenario without rejecting the books of account the ad hoc disallowance made is not sustainable in the eyes of law which view the Tribunal has been taking consistently in several decisions. If any specific expenditure is unverifiable or is un-vouched then such specific expenditure is disallowable. In the present case no specific item has been identified by the AO to make the disallowance therefore we are of the view that estimated disallowance as confirmed by the ld. CIT(A) is arbitrary exercise of power and therefore unsustainable in the eyes of law and therefore it stands deleted. - Decided in favour of assessee.

Summary

Issues involved: Appeal against addition of donation and subscription account, addition of repair expenses, and ad hoc disallowance of 20% of repair expenses.

Analysis:

1. Addition of donation and subscription account:
The assessee appealed against the addition of Rs. 10,747 made by the AO as donation and subscription account. The AO disallowed the expenses claimed under this head as they lacked supporting receipts or 80G certificates. However, the assessee contended that these expenses were necessary for maintaining good relations with local residents and were a business necessity. The ITAT noted that the assessee had provided evidence in the form of ledger copies and receipts to support the expenses. Referring to a precedent set by the Calcutta High Court, the ITAT ruled that contributions to local organizations for business purposes are allowable as business expenditure. Therefore, the ITAT allowed this ground of appeal for the assessee.

2. Addition of repair expenses:
The next issue pertained to the addition of Rs. 1,91,258 claimed by the assessee under the head of repairs. The AO had added this amount to the total income of the assessee, suspecting possible inflation of expenses as they were supported only by internal vouchers and paid in cash. The CIT(A) upheld this addition. However, the ITAT found that the assessee had submitted detailed evidence of repair expenses, including ledger copies and bills, for building, electric, machinery, and rack repairs. The ITAT verified the evidence and found it to be correct. The ITAT observed that the AO's disallowance was based on conjecture and surmises, as all evidence had been provided and could have been easily verified. The ITAT emphasized that without rejecting the books of account, an ad hoc disallowance is not sustainable in the eyes of the law. Therefore, the ITAT deleted the estimated disallowance made by the AO and confirmed by the CIT(A).

In conclusion, the ITAT allowed the appeal of the assessee, ruling in favor of the assessee on both the issues of addition of donation and subscription account and repair expenses.