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2013 (11) TMI 829 - AT - Income TaxAddition u/s 69 of the Income tax act - Relevancy of third party evidence to explain the investment made and addition made u/s 69 of the Income tax act – Held that:- In reply to remand report, the Ld AR submitted that all queries made by the Assessing Officer and replies given by the assessee were already on the file of the Assessing Officer as these replies were given by the appellant during assessment proceedings itself and therefore it was submitted that the Assessing Officer's finding that it was difficult to verify the capacity and genuineness of transaction should not be accepted as the Assessing Officer was not able to find anything wrong or missing from third party evidence. The Assessing Officer without going through the third party evidences filed by the assessee continued to direct assessee to file proofs of income tax returns of earlier years in support of his acquiring assets ion earlier years and made additions because of non compliance which is not justified specially in view of the fact that he did not find any defect in the documents filed by the assessee - In view of the above, set aside the case to the file of Assessing Officer for re-adjudication who on the basis of any enquiries from third parties in respect of their confirmations may arrive at the conclusion of addition if any u/s 69 of the Act. Addition u/s 69A on the ground of household expenses – Held that:- There is no other yard stick to measure household expenses of a person other than on the basis of facts and circumstances of that person with respect to size of the family, school going children, assets owned by that person and other surrounding circumstances – Assessee relied upon the case of Shri G.S. Bhatia [1997 (5) TMI 402 - ITAT MUMBAI], wherein it was held that unless and until it is established with evidence that it was only the assessee who had incurred all the household expenses, revenue was not justified in invoking the deeming provision of section 69A - In the present case, Ld AR did not bring to our notice any drawings made by wife of assessee for contribution to household expenses. Therefore the case laws relied upon by Ld AR do not hold force as the facts and circumstances of the present cases are distinguishable – Addition upheld – Decided against the Assessee.
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