1990 (7) TMI 150 - AT - Income Tax

Summary

Issues Involved:
1. Assessee's claim u/s 80HH and 80-I.
2. Additions made u/s 68.
3. Additions made u/s 40A(3).

Summary:

1. Assessee's Claim u/s 80HH and 80-I:
The assessee, a registered firm engaged in construction, appealed against the CIT(A)'s order denying claims u/s 80HH and 80-I. The Tribunal referenced a prior decision in favor of a sister concern, M/s Dhorajia Brothers, where similar claims were allowed based on Orissa High Court and Bombay High Court precedents. Consequently, the Tribunal vacated the CIT(A)'s order and allowed the assessee's appeal.

2. Additions Made u/s 68:
The Revenue appealed against the CIT(A)'s deletion of additions made u/s 68. The ITO had added Rs. 1,70,000 and Rs. 20,000, treating them as undisclosed income, while the CIT(A) directed these amounts to be taxed in the hands of the respective partners. The Tribunal examined various precedents, including decisions from the Supreme Court and High Courts, and concluded that the CIT(A) erred in not treating the Rs. 10,000 credit in the name of partner G.D. Dhorajia as the firm's income. However, the Tribunal upheld the CIT(A)'s decision regarding Rs. 20,000 credits in the names of partners at Sl. Nos. 4 to 6, as the ITO had accepted the genuineness of these transactions.

3. Additions Made u/s 40A(3):
The Revenue also contested the deletion of Rs. 65,556 added u/s 40A(3) for payments made in cash exceeding Rs. 2,500. The assessee argued that these payments were made to sub-contractors at a remote site, invoking r. 6DD(j) of the IT Rules. The Tribunal found the CIT(A)'s acceptance of this explanation just and proper, given the circumstances and the nature of the business, and confirmed the CIT(A)'s order.

Conclusion:
The assessee's appeal was fully allowed, and the Revenue's appeal was partly accepted, with specific directions regarding the treatment of cash credits and the application of r. 6DD(j).