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2014 (7) TMI 467 - AT - Income TaxAddition of low household expenses – Held that:- Following Sandeep Tatode Versus DCIT, Cen. Cir 39, Mumbai [2014 (7) TMI 123 - ITAT MUMBAI] - CIT(A) as well as the AO has not denied the fact that the assessee was a minor in the relevant financial year and he became major only on 28/03/2003 - He was staying with his mother, who was managing the house by preparing tiffin and homemade food for the various persons - There is no further material or information on record that the assessee in the relevant financial year has incurred any expenditure which has not been disclosed - In absence of any material on record, there is no reason for estimating any kind of household withdrawals specially, on the facts stated that sums was shown by his mother and himself for the household expenses – Decided in favour of Assessee. Unexplained money u/s 69A of the Act - Credits in bank account of other persons – Held that:- Following Sandeep Tatode Versus DCIT, Cen. Cir 39, Mumbai [2014 (7) TMI 123 - ITAT MUMBAI] - the assessee made a specific request that enquiry can be done from the respective bank u/s 131 or 133(6) so as to look into the factum of ownership of the bank accounts - the authorities should have made an enquiry when the assessee has categorically denied the ownership of the bank account – u/s 292C onus is upon the assessee to prove that any asset or books of accounts etc. found from the possession of the assessee, the presumption is raised against the assessee - the assessee has clearly stated that the bank officials have refused to divulge the information about the clients - the AO should have carried out the enquiry from the banks – thus, the matter is to be remitted back to the AO for ascertainment of whether the accounts belongs to the assessee or not – Decided in favour of Assessee.
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