Ronak Ceramics Industries Ltd v. ACIT [2025] 174 taxmann.com 538 /[2026] 487 ITR 310 (Guj)(HC)

S.37(1): Business expenditure-Maintained two sets of accounts-loose papers-Order of Tribunal affirming the disallowance was affirmed. [S. 260A]

Assessee is engaged in the business of manufacture of ceramic tiles. During search, a loose papers file was found and seized, which contained receipts and payment account. On the payment side, apart from various expenses of revenue nature, investment, repayment of loan and debtors etc. were shown  Assessee claimed that ‘debtors’ noted in the payment side of statements in loose papers should be considered as allowable expenses, as the same pertained to amounts not realised or not received from debtors. Further, there was general trade practice in the line of business of the assessee of allowing cash discount of 30% to 40% to traders. However, the Assessing Officer did not consider such claim made by assessee. Commissioner (Appeals) directed the Assessing Officer to allow 70 per cent of the amount written under the head ‘debtors’.  Tribunal had arrived at findings of fact that the contention of the assessee that there was general practice in the line of trade to allow 30% to 40% discount to traders on goods sold could not be accepted in view of the fact that separate payment under head ‘discount and commission’ was mentioned on the payment side   Tribunal also found, upon perusal of loose papers, that debt under head ‘debtors’ was only for some period and not for all periods. Thus, the Tribunal disallowed 100 per cent of the amount claimed as an expenditure under the head ‘debtors’ by the assessee. On appeal, the High Court affirmed the order of the Tribunal.  (BP. 1-4-1990 to 9-1-2001)

Leave a Reply

Your email address will not be published. Required fields are marked *

*