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2013 (10) TMI 883 - ITAT DELHIBurden of Proof - Unexplained cash credit – Held that:- The assessee, apart from furnishing the permanent account number of the creditor, has also furnished their balance sheet, copy of income tax return, confirmation, bank account etc. -The amount advanced to the assessee is duly disclosed in the balance sheet of all the creditors - Even the assessee has also explained the source of cash deposited in the bank account of the creditors - the initial onus which lay upon the assessee was duly discharged - If the Assessing Officer wanted to examine the issue further, he could have very well issued notice under Section 131 to the creditors which has not been done by the Revenue – Following Commissioner of Income-Tax, Orissa V/s Orissa Corporation Pvt. Limited [1986 (3) TMI 3 - SUPREME Court] - the assessee has duly discharged the onus of proving the cash credit in the name of all the three creditors - the addition sustained by the learned CIT(A) for unexplained was deleted cash credit - Decided in favour of Assessee. Disallowance of Several Expenses - The assessee is an individual and the personal use of vehicle by the assessee and his family members cannot be ruled out - the Assessing Officer has disallowed 1/5th out of diwali expenses, telephone expenses, sales promotion expenses and miscellaneous expenses - these expenses are supported by self-made vouchers only which are not verifiable - 1/5th disallowance out of car and conveyance expenses as well as diwali, telephone, sales promotion and miscellaneous expenses is fair and reasonable – Decided against Assessee. Addition of Low Household Expenses – Held that:- The Assessing Officer has found that the total withdrawal for household by the assessee and his wife was only Rs. 1,11,578 - the household expenses at Rs. 12,000/- per month - the estimate of Rs. 12,000/- per month for household expenses is quite fair and reasonable – Decided against Assessee.
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