Facts of the Case
The assessee filed an appeal against the order of
the Commissioner of Income Tax (Appeals), Gorakhpur for Assessment Year
2014-15. The dispute primarily related to disallowance of godown rent paid for
business purposes, despite the assessee maintaining audited books of accounts
under Section 44AB and recording the expenditure in the profit and loss
account.
The rent of ₹15,000 per month (₹1,80,000 annually)
was paid to a specified individual and claimed as a business expense.
Issues
Involved
- Whether disallowance of godown rent was justified when the
expenditure was recorded in audited books of accounts.
- Whether expenses accepted in earlier years could be disallowed in
the current year without proper justification.
- Whether the CIT(A) was correct in restricting allowable expenditure
without reasonable basis.
Petitioner’s Arguments (Assessee)
- Books of accounts were duly audited under Section 44AB.
- Godown rent was paid wholly and exclusively for business purposes.
- The same expenditure pattern had been accepted by the department in
earlier assessment years.
- The expense was duly reflected in audited financial statements.
Court Order / Findings (ITAT)
The Tribunal examined whether the disallowance was
based on valid grounds. It noted that acceptance of similar expenses in earlier
years is a relevant factor and that restriction without reasonable criteria is
not justified.
Where business expenditure is duly recorded in
audited books and incurred for business purposes, disallowance requires proper
reasoning and evidence.
Important Clarification
Acceptance of an expense in earlier years does not
automatically guarantee allowance in subsequent years; however, any deviation
must be supported by cogent reasons and objective criteria.
Link to download the order –https://itat.gov.in/public/files/upload/1606481328-prahalad.pdf
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