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2019 (10) TMI 1468 - AT - Income TaxUnexplained household expenses - Addition based on entries found recorded in the seized diary - entries found recorded in the seized diary - HELD THAT:- For assessment order for assessment year 2005-06, in the case of the assessee that credit appearing in some bank account was also unexplained - AO has not given benefit of said unexplained credit against unexplained house-hold withdrawal and addition has been made for the sum, which is maximum out of the two - benefit of only explained income or income on which tax has been paid (including exempt income) can be given against unexplained house-hold income, which the AO has partly given. If the unexplained credits in bank accounts, which are not utilized towards house-hold expenditure and used somewhere else, then a separate addition was required for those unexplained credits. The facts and circumstances are identical in other two assessment years. CIT(A) has not appreciated all the evidences furnished by the assessee and therefore, we feel it appropriate to set aside the order of the CIT(A) and restore the issue in dispute involved in all the three assessment years to the file of the AO with the direction to the assessee to file necessary evidence in support of source of household expenditure declared in the books of accounts including household withdrawals declared in the capital account of the family members, who contributed household expenditure of the assessee - Grounds raised in all the three appeals are allowed for statistical purposes.
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