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2014 (5) TMI 999 - ITAT DELHIGenuineness of expenses not proved – Commencement of business - Determination of specific date - Held that:- There is no reference to any agreement entered into by the assessee - the CIT(A) has made reference to two agreements however has not given any conclusive finding or has cared to examine them so as to come a finding as to when they were entered into and on the basis of the agreements on which specific date he has come to the conclusion that business has commenced in April 2006 - The CIT(A) should have come to a specific finding discussing the facts as to on what specific date in April 2006 he has come to the conclusion that business has commenced - business is a continuous course of activities and it has been variously held that for commencement of business all the activities which go to make up the business need not be started simultaneously. The assessee is engaged in the business of software development in the field of information technology, there is no such finding - No specific date has been considered to be the date on which considering the material on record the business can be said to have commenced - it is necessary for the assessee to lead the specific evidence in support of the arguments that the essential activity has started evidenced by some document on a specific date - The issue has not been considered in the proper perspective and only general argument has been advanced which has been accepted that business commended in April 2006 - No effort has been made to point out that on which specific date the business has commenced – thus, the matte is remitted back to the AO for fresh adjudication – decided in favour of Revenue.
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