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2014 (11) TMI 1191 - AT - Income TaxAddition of renovation expenditure - unexplained investment on renovation of house is liable to assessed to tax - Held that:- Once the house does not belong to the Assessee, there is no evidence found during the course of the search that the Assessee has invested in the renovation of the house, u/s 69 the onus is on the Revenue to prove that the Assessee has made the investment which are not recorded in the books of accounts, if any, maintained by the Assessee. The house where the renovation has been carried out does not belong to the Assessee. The papers and documents on the basis of which the addition has been made has been found from the house in which not only the Assessee, but the family of the Assessee was putting up. The renovation was to be carried out by the person to whom the house belonged. No cogent material or evidence has been brought on record even on the basis of the materials seized that the expenses for renovation have been incurred by the Assessee - onus lies on the Revenue by making the addition to prove that the Assessee had made the investment - if any addition has to be made for the renovation of the house, same should be made in the hands of the mother of the Assessee as well as the son of the Assessee to whom the house belongs. We, therefore, delete the addition - Decided in favour of assessee.
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