Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2015 (5) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2015 (5) TMI 889 - AT - Income TaxUnaccounted Opening cash - Held that:- The entries made at cash book are not supported by the credit card statement and therefore the claim of the assessee that the cash withdrawals using credit card were repaid by cheque issued from the assessee’s bank account and therefore cash withdrawn using credit card should be considered as being available to the assessee to explain the cash deposit of ₹ 16.15 lakhs in his bank account cannot be accepted. The request of the ld. counsel for the assessee for a remand to the AO can also not be accepted because the CIT(A) had rejected the claim of assessee for absence of credit card statement and even before the Tribunal, the assessee did not make any attempts to file the same as additional evidence. In these circumstances, we uphold the order of the CIT(Appeals) on this issue. - Decided against assesse. Reimbursement of foreign tour expense disallowed - Held that:- the credit card statement evidences purchase of air tickets from Indian Airlines on 20.11.2008, 23.12.2008 and 26.4.2008. As to how these purchases of air ticket is linked with the visits of the assessee to Sri Lanka, China, Hongkong and Bangladesh is not clear. There is no evidence filed by the assessee to show that these expenses were reimbursed by the employer. In these circumstances, we are of the view that the claim made by the assessee was rightly rejected by the CIT(A). - Decided against assesse. Gift from mother of ₹ 1 lakh disallowed - Held that:- As that there was no evidence to show how the assessee’s mother came into possession of the RD maturity proceeds which stood in the name of Shri Sanjeevarayudu. The CIT(A) held that even if the maturity proceeds are accepted as belonging to the assessee’s mother, it was improbable to believe that the RD maturity proceeds which were received on 30.3.2005 would have been retained by the assessee’s mother and given as gift to the assessee in the F.Y. 2008-09. The CIT(A) was of the view that it was highly improbable that the assessee’s mother would have retained cash with her for 3 years and given it as gift to the assessee. - Decided against assessee.
|