Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2013 (11) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2013 (11) TMI 822 - AT - Income TaxOnus on whom to substantiate an expense - Best judgment assessment u/s 144 of the Income tax Act – Disallowance of expenditure on estimate basis – Held that:- CIT(A) was not justified in holding that the burden was on the A.O. to bring on record some positive adverse material to show that the expenses claimed by the assessee to the extent of 20% were not genuine so as to justify the disallowance of such expenses - The burden was on the assessee to support and substantiate his claim for the expenses by establishing that the same were wholly and exclusively incurred for the purpose of his business and when this burden was not discharged by the assessee, the ld. CIT(A), should have remanded the matter to the A.O. with a direction to the assessee to produce the relevant documentary evidence to support and substantiate his claim for the expenses – Matter remanded to the AO for fresh adjudication. Onus to prove creditor - Addition on account of sundry creditors treating the same as unexplained/unproved – Addition u/s 68 of the Income tax Act – Held that:- Onus in this regard was on the assessee to establish that the concerned creditors were genuine and since this onus was not discharged by the assessee by producing the supporting documentary evidence, this issue also should be restored to the file of the A.O. for deciding the same afresh.
|