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2017 (4) TMI 1003 - AT - Income TaxAddition on account of loan unexplained - Held that:- A perusal of the order of Tribunal in the case of Shri J.H. Muniyar [2012 (11) TMI 1210 - ITAT NAGPUR] shows that export of software carried out by him was genuine. The assertions of the Revenue casting doubt over the software export business and creditworthiness of Shri J.H. Muniyar is without any basis. We find no merit in the grounds raised by the Revenue against deleting of addition by Commissioner of Income Tax (Appeals) on account of loan of ₹ 20 lakhs from Shri J.H. Muniyar. - Decided against revenue Addition to donations to Tirupathi Devasthan - AO held that the assessee is not having sufficient agriculture income for making donations to Tirupathi Devasthan - Held that:- Assessing Officer re-casted cash flow of the assessee and transferred part of the agricultural income to the income from other sources. The exercise done by the Assessing Officer in recasting the cash flow, however, did not change the total income of the assessee. The Assessing Officer merely changed the head of income from ‘agricultural income’ to ‘income from other sources’. By changing the head of income alone, it cannot be said that the assessee was not having sufficient source of funds for making donations. The Commissioner of Income Tax (Appeals) has deleted the addition on the basis that the entire income has to be taken for the purpose of cash flow, whether income is assessed as agricultural income or it is assessed as income from other sources. We do not find any infirmity in the order of Commissioner of Income Tax (Appeals) in deleting the addition. - Decided against revenue
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