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2014 (5) TMI 656 - AT - Income TaxAddition made u/s 41(1) of the Act - Liability not proved Profits chargeable to tax - Held that:- The liability has been outstanding since six to seven years - the assessee has not filed any confirmation from the concerned party to the effect that the liability remains outstanding and due from the assessee - CIT(A) has observed that the copy of account of Sujas Members Association Ltd. in the books of Shri Sudhir Chaddha filed by the assessee shows that on various dates in 2009 amounts have been paid in cash - there is no evidence regarding the name/signature of the recipient to support the fact that such payment is in fact made to Sujash Member Association Ltd. - from the entry known as To DD Rs.6,12,500/-, it is not ascertainable as to in which name the DD has been issued and encashed by whom - if the assessee is able to make payment in cash, or deliver a DD, it is certain that it would definitely know the address of the party, however the same is not furnished - the assessee has not proved that the liability has remained during the year under consideration - there was no reason to interfere with the decision of the CIT(A) confirming the action of AO in taxing the amount u/s 41(1) Decided against Assessee.
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