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2014 (5) TMI 2 - AT - Income TaxDeletion of addition made by the AO – Document found during the search – Burden to prove – Held that:- The document is titled as “Statement of Assets & Liabilities” and it contains the details of Immovable and Movable Properties - Under the heading “Immovable Properties”, the details of five properties have been furnished - The AO has accepted that the property listed as (a) and having a value of Rs.52.00 lakhs has already been disclosed by the assessee, even though there was a difference in the door number - In respect of the remaining four properties, the assessing officer has conducted enquiries during the course of remand proceedings - the AO has accepted that all the four properties have not been acquired by the assessee during the year - the CIT(A) has deleted the addition relating to the properties – thus, there was no infirmity in the decision taken by the first appellate authority in respect of the immovable properties. CIT(A) has deleted the addition with the simple observation that “No evidence whatsoever is adduced in support of movable properties” - revenue contended that CIT(A) has placed the burden of proof upon the AO, which is against the established principles, i.e., the burden lies upon the assessee to disprove the items disclosed in the Statement of Assets and Liabilities – thus, the issue relating to the movable properties needs to be adjudicated by the CIT(A) – thus, the matter is remitted back to the CIT(A) for adjudication – Decided partly in favour of Revenue.
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