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2015 (9) TMI 18 - AT - Income TaxAddition u/s 69B - unaccounted investment in property - CIT(A) deleted addition accepting addition evidence - Held that:- hatever evidence narrated by the Assessing Officer and CIT(A) shows that the assessee had purchased plot No. 168 Shyampuri Kalwad Road, Jaipur at ₹ 16 lacs. The assessee had shown only ₹ 1,01,000/- paid on date of agreement i.e. on 24/4/2007 but the remaining amount of ₹ 14,99,000/- was paid from undisclosed source. The assessee’s explanation is after thought when he has disclosed this plot in purchase as well as closing stock in P&L account and balance sheet submitted before the CIT(A) during the appeal proceedings. The affidavit filed by the appellant has partly considered by the ld CIT(A), which also goes against the fact of the case that Shri Murlidhar Purohit filed affidavit on 02/5/2011 and admitted the possession of plot with him. However, the registered deed with the third party was dated 20/10/2008, which is contradictory the fact of affidavit. We have considered view that this issue required further investigation from the side of seller of plot, from Shri Ramesh Sharma purchaser of plot, actual possession of plot etc. The Assessing Officer is directed to take final decision on the basis of enquiry and evidences. Accordingly, this ground of appeal is set aside for de novo. The Assessing Officer is directed to give sufficient time to the assessee before deciding this issue.- Decided partly in favour of assessee for statistical purposes. Addition on account of 1/3rd disallowance out of taxi running expenses - Held that:- The assessee had shown total tour and travel receipt at ₹ 1,59,454/- against which he claimed expenses at ₹ 37,540/-. The assessee had not produced any evidence before the Assessing Officer as well as CIT(A) in support of expenses. However, without expenses, the income cannot be earned. The expenses claimed on diesel, petrol, salary of driver can be collected by the appellant but this business is totally unorganized. Therefore, we confirm addition at ₹ 5,000/- in place of disallowance made by the Assessing Officer at ₹ 11,893/- in the interest of justice. - Decided partly in favour of assessee.
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