Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2019 (12) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (12) TMI 768 - AT - Income TaxAddition of the fixed conveyance allowance - disallowance on account of non-availability of the supporting evidences - HELD THAT:- As there was no representation from the side of the learned AR for the assessee qua the disallowances made by the authorities below against the fixed conveyance allowance received by the assessee from LIC, we do not find any infirmity in the order of the authorities below. Indeed, the onus lies on the assessee to furnish the details of the expenses incurred by him against the fixed conveyance allowance received from LIC. Hence, in the absence of the documentary evidence, the ground of appeal of the assessee is dismissed. Unexplained household expenses - HELD THAT:- We note that the AO has made the addition on the basis of the guesswork. In fact, the AO has not brought anything on record about the actual expenses incurred by the assessee with respect to the telephone, mobile, electricity, education of his daughter etc. it is the settled law that there cannot be any addition based on guess work despite how strong the guesswork is. In the case on hand, the reasoning given by the AO for making the impugned addition appears to be strong and reasonable but the same is not supported on the basis of documentary evidence. Therefore we are of the view that no such addition is warranted in the given facts and circumstances. Hence, the ground of appeal of the assessee is allowed. Profit with respect to share trading activities - HELD THAT:- AR at the time of hearing has not made any representation in the written submission filed before us. As there was no representation from the side of the learned AR for the assessee qua the addition made by the authorities below against the share trading transactions, we do not find any infirmity in the order of the authorities below. Indeed, the onus lies on the assessee to furnish the details of the profit earned by him against the share trading transactions. Hence, in the absence of the documentary evidence, the ground of appeal of the assessee is dismissed. Disallowance for the expenditures incurred against the incentive bonus - HELD THAT:- AR at the time of hearing has not made any submission in the written submission filed before us. As there was no representation from the side of the learned AR for the assessee qua the disallowances made by the authorities below against the incentive bonus received by the assessee from LIC, we do not find any infirmity in the order of the authorities below. We also note that there is no provision under the Act authorizing the assessee to claim the deduction against the incentive bonus which is part of the salary as provided under section 17 of the Act. Deduction u/s 80 G for the amount of donation paid to Shri Lalpur Gau Rakshak Mandal for ₹3000.00 only - same was disallowed by the AO in the absence of any documentary evidence - HELD THAT:- The assessee has not preferred an appeal to the learned CIT (A) against the non-disallowance of deduction for the donation paid under section 80G of the Act. However, the assessee in the ground of appeal has raised the issue before us 1st time. This is also pertinent to note that the assessee or his authorized representative has not made any representation against the ground of appeal raised by the assessee as discussed above. Thus, in the absence of any representation the ground of appeal of the assessee is dismissed.
|