2025 (5) TMI 947 - AT - Income Tax

Addition under the head of Discount/claim/shortage/deduction on proportionate basis in compression of last year - HELD THAT - CIT(A) has not adjudicated the issue(s) arising in appeal on merits and simply dismissed the appeal for non-prosecution wherein the assessment order of the AO was upheld. The learned CIT(Appeals) is obligated u/s. 250(6) to specify points for determination decision thereon and reasoning for such decision. CIT(Appeals) has not even made any enquiry as to the claim of expenses with respect to shortage/discount/claims/deductions etc.as well no enquiries were made with the parties to whom these expenses were claimed to have been paid or incurred or stood credited and CIT(A) simply upheld the assessment order passed by the AO. Appellate order passed by CIT(Appeals) is not sustainable in the eyes of law as this is an order passed exparte in limine without deciding the issues arising in appeal on merits which is in contravention of Section 250(6). AO s order is also not sustainable as the AO has made additions based only on the reference to the percentage of expenses vis a vis turnover by comparing the current year with the preceding year of the turnover/sales with these corresponding expenses without making any enquries to unravel truth. No specific defects are pointed out by the AO with respect to claim of these expenses by the assessee. AO has not made any enquiry with the parties with respect to whom these expenses were claimed to be have been incurred or paid and/or stood credited by the assessee to arrive at the finding that these expenses were not incurred wholly and exclusively for the purpose of business. Thus in the facts and circumstances of the case both the orders of the AO as well as CIT(Appeals) are set aside and the matter is restored back to the file of AO for de novo assessment. Appeal of the assessee is allowed for statistical purposes.

The core legal questions considered in this appeal concern the validity and justification of the Assessing Officer's disallowance of expenses under the head "Discount/claim/shortage/deduction," the procedural propriety of the appellate order passed by the Commissioner of Income-tax (Appeals) (CIT(A)), and the correctness of penalty proceedings initiated under section 270A of the Income-tax Act, 1961. Specifically, the issues include:

1. Whether the Assessing Officer was justified in disallowing Rs. 29,10,240/- of expenses claimed as "Discount/claim/shortage/deduction" by comparing the current year's expenses with the preceding year's without conducting any detailed enquiry or pointing out specific defects.

2. Whether the CIT(A)'s order dismissing the assessee's appeal ex parte for non-submission of replies, without adjudicating the issue on merits, complies with the requirements of section 250(6) of the Income-tax Act.

3. Whether the penalty proceedings initiated under section 270A were valid, given the alleged lack of application of mind by the Assessing Officer at the time of passing the assessment order.

4. Whether the Assessing Officer's reliance on disproportionate increase in expenses relative to turnover, without further investigation, is sustainable in law.

5. Whether the assessee's failure to participate adequately in appellate proceedings affects the entitlement to relief.

Issue-wise Detailed Analysis:

1. Justification for Disallowance of Expenses under "Discount/claim/shortage/deduction"

The legal framework governing the allowance of business expenses is primarily contained in section 37 of the Income-tax Act, which permits deduction of any expenditure incurred wholly and exclusively for the purpose of business. The Assessing Officer disallowed Rs. 29,10,240/- of expenses claimed under the head "Discount/claim/shortage/deduction" on the ground that these expenses had increased disproportionately by approximately 4.85 times in the year under consideration compared to the preceding year, while turnover had increased only about 2.47 times. The AO concluded that such an abnormal increase was unreasonable and did not reflect actual expenses.

The assessee contended that these expenses relate to damage seed, quantity, and weight reduction of sold goods, essential to the business, and had submitted ledger accounts detailing the expenses and parties involved. However, the AO did not conduct any enquiry with these parties nor pointed out any specific defect or irregularity in the claimed expenses. The AO's disallowance was thus based solely on a comparative percentage analysis without further investigation.

The Tribunal observed that once the assessee has produced detailed accounts and particulars of the expenses, the primary onus is discharged. It is incumbent upon the AO to conduct proper enquiries to verify the genuineness of the claim rather than relying on an arbitrary comparison with the previous year's figures. The failure of the AO to make any enquiry or to identify specific defects rendered the disallowance unsustainable. This approach aligns with established principles that disallowance of expenses must be based on concrete evidence or specific findings and not on mere presumptions or surmises.

2. Legality of the CIT(A)'s Ex Parte Dismissal of Appeal

Section 250(6) of the Income-tax Act mandates that the appellate authority must specify the points for determination, give reasons for its decision, and decide the appeal on merits. The CIT(A) dismissed the assessee's appeal primarily on the ground of non-submission of replies and non-participation in appellate proceedings, without adjudicating the substantive issue regarding the disallowance of expenses.

The Tribunal found this approach contrary to the statutory mandate. The CIT(A) did not consider the merits of the claim nor examine the detailed expenses submitted by the assessee. There was no attempt to call for the assessment records or direct the AO to conduct further enquiries or submit a remand report. Such a dismissal in limine without adjudication on merits violates principles of natural justice and statutory requirements. The Tribunal emphasized that even if the assessee is partly responsible for non-cooperation, the appellate authority must still decide the appeal on substantive grounds before dismissing it.

3. Validity of Penalty Proceedings under Section 270A

The assessee challenged the initiation of penalty proceedings under section 270A on the ground that the AO did not apply his mind at the time of passing the assessment order. The Tribunal did not extensively analyze this issue but noted that since the assessment order itself was set aside for de novo consideration, the penalty proceedings premised on the disallowance would also require reconsideration after proper enquiry and adjudication.

4. Reliance on Disproportionate Increase in Expenses Without Enquiry

The Tribunal underscored that mere disproportionate increase in expenses compared to turnover does not ipso facto justify disallowance. The AO must undertake a fact-based enquiry to verify the nature and genuineness of the expenses. The failure to do so and reliance on a mechanical comparison was held to be arbitrary and unsustainable. This approach is consistent with judicial precedents that caution against disallowances based on assumptions without evidentiary support.

5. Impact of Assessee's Non-Participation in Appellate Proceedings

While the assessee's failure to submit replies and participate in appellate proceedings before the CIT(A) was noted, the Tribunal held that this procedural lapse does not absolve the appellate authority from its duty to decide the appeal on merits. The assessee's responsibility to cooperate was balanced against the statutory obligation of the CIT(A) to adjudicate fairly and reasonedly. Consequently, the appeal was restored for de novo consideration, with directions for the assessee to cooperate fully.

Significant Holdings:

"The Assessing Officer ought to have made proper enquiries with the aforesaid parties to unravel truth instead of making the additions based upon the expenses incurred in the preceding year vis-`a-vis corresponding turnover during these relevant period."

"The appellate order passed by the ld. CIT(Appeals) is not sustainable in the eyes of law, as this is an order passed ex parte in limine without deciding the issues arising in appeal on merits, which is in contravention of Section 250(6)."

"Assessing Officer has not made any enquiry with the parties with respect to whom these expenses were claimed to have been incurred or paid and/or stood credited by the assessee to arrive at the finding that these expenses were not incurred wholly and exclusively for the purpose of business."

"Both the orders of the Assessing Officer as well as CIT(Appeals) are set aside and the matter is restored back to the file of Assessing Officer for de novo assessment after giving proper opportunity of hearing to the assessee."

The Tribunal established the core principle that disallowance of business expenses must be based on a thorough enquiry and specific findings rather than on presumptions drawn from comparative percentages. It further emphasized the mandatory requirement for appellate authorities to decide appeals on merits with reasons, as per statutory provisions. The final determination was to set aside both the assessment and appellate orders and remit the matter for fresh adjudication, ensuring procedural fairness and substantive examination of the claims.

← Previous Next →