1985 (7) TMI 130 - AT - Income Tax

Issues Involved:
1. Limitation of assessment.
2. Interference in the exercise of discretion by the ITO.
3. Status of the appellant as an individual or AOP.
4. Addition of Rs. 9,814 as unexplained investment under Section 68.
5. Disallowance of Rs. 16,887 out of miscellaneous expenses.
6. Disallowance of Rs. 1,500 out of traveling expenses.
7. Disallowance of Rs. 32,276 as Batta and Karcha.
8. Disallowance of Rs. 18,000 out of shop expenses.
9. Addition of Rs. 19,288 as income under Section 68.

Detailed Analysis:

1. Limitation of Assessment:
The assessee contended that the assessment was barred by limitation. This issue was raised before the CIT(A), who concluded that the assessment order dated 21st September 1982 was within the limitation period, providing detailed reasons for this conclusion. The tribunal confirmed the CIT(A)'s finding, adopting the same reasoning.

2. Interference in the Exercise of Discretion by the ITO:
The assessee argued that there was interference in the exercise of discretion by the ITO by the IAC, which vitiated the assessment. The CIT(A) examined this issue in detail and concluded that there was no such interference. The tribunal upheld the CIT(A)'s decision, rejecting the assessee's contention.

3. Status of the Appellant as an Individual or AOP:
The assessee claimed that the CIT(A) wrongly confirmed the ITO's finding that the appellant's status was that of an individual. The original and revised returns were filed in the status of an individual, and the assessee later claimed the status of an AOP due to ignorance of law. The CIT(A) observed that the assessee did not provide evidence to substantiate this claim, and the business register seized did not support the existence of other claimants. The tribunal upheld the CIT(A)'s finding, concluding that the claim of AOP status was an afterthought and not genuine.

4. Addition of Rs. 9,814 as Unexplained Investment under Section 68:
The ITO added Rs. 58,117 as unexplained investment under Section 68, but the CIT(A) provided relief of Rs. 48,303, confirming the addition of Rs. 9,814. The tribunal agreed with the CIT(A)'s detailed reasoning and upheld the addition of Rs. 9,814, finding no reason to interfere.

5. Disallowance of Rs. 16,887 out of Miscellaneous Expenses:
The ITO disallowed Rs. 33,775 out of the claimed miscellaneous expenses of Rs. 79,783 due to lack of supporting evidence. The CIT(A) reduced the disallowance to Rs. 16,887. The tribunal, considering the lack of evidence and the nature of the claim, reduced the disallowance to Rs. 10,000.

6. Disallowance of Rs. 1,500 out of Traveling Expenses:
The assessee claimed Rs. 4,163 as traveling expenses, but the ITO disallowed Rs. 1,500 due to lack of details. The CIT(A) confirmed this disallowance. The tribunal found the disallowance fair and reasonable, upholding the CIT(A)'s decision.

7. Disallowance of Rs. 32,276 as Batta and Karcha:
The assessee claimed Rs. 32,276 for discount and breakages, arguing that liquor was sold at concessional rates to police and excise authorities. The ITO and CIT(A) disallowed the claim due to lack of evidence and the legal requirement to sell liquor at government-prescribed rates. The tribunal upheld the disallowance, noting the absence of supporting evidence.

8. Disallowance of Rs. 18,000 out of Shop Expenses:
The assessee claimed Rs. 41,825 as shop expenses, but the ITO disallowed Rs. 18,000 due to lack of vouchers. The CIT(A) confirmed the disallowance. The tribunal, considering the lack of evidence, found the disallowance fair and reasonable, upholding the CIT(A)'s decision.

9. Addition of Rs. 19,288 as Income under Section 68:
The ITO treated Rs. 19,288 as income under Section 68 due to lack of documentary evidence or confirmatory letters from the persons in whose names the cash credits appeared. The CIT(A) rejected the assessee's contention of presumption under Section 132(4A) and confirmed the addition. The tribunal upheld the CIT(A)'s decision, agreeing that the assessee failed to produce evidence to prove the genuineness and identity of the creditors.

Conclusion:
The appeal is partly allowed, with specific relief provided in the disallowance of miscellaneous expenses, but the tribunal upheld most of the CIT(A)'s findings on the other issues.

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