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2023 (7) TMI 228 - ITAT INDOREAddition of payments made through credit card - second round of appeal - addition in hands of company or individual - HELD THAT:- We find sufficient weightage in the submission of Ld. AR that a total payment was made by Company and recorded by Company in its books of account which is very much evident from copy of Ledger A/c supplied by Company as detailed in foregoing paragraph. The expenditure really belonged to Company and any disallowance, even if to be made on account of personal or non-business nature, could only be made in the hands of Company and not in the hands of assessee. Remaining portion of disallowance is concerned, we find that the assessee has been consistently claiming that in absence of full details of Information Report, he was not able to explain the difference. We find that the Information is reported by third party agencies to Income-tax Department and the possibility of wrong reporting cannot be denied - when the assessee was consistently claiming that he is not able to explain the difference in absence of full details of Information Report, either the departmental authorities should have provided full information to assessee to enable him to delve into the difference or else they should have accepted the assessee’s simpliciter explanation that difference could not be reconciled in absence of full information. Since the authorities have not taken any pains to provide full information to assessee, the only judicious way to settle the controversy is to accept assessee’s explanation - no justification in saddling the assessee with any disallowance. Decided in favour of assessee.
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