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2014 (7) TMI 123 - ITAT MUMBAIAddition of low household expenses – Held that:- The assessee was a minor in the relevant financial year and he became major only on 28-3-2003. He was staying with his mother, who was managing the house by preparing tiffin and homemade food for the various persons - There is no further material or information on record that the assessee in the relevant financial year has incurred any expenditure which has not been disclosed – there was no reason for estimating any kind of household withdrawals specifically, on the facts stated that sums was shown by his mother and himself for the household expenses – thus, there was no reason to sustain any kind of addition on account of low household withdrawals as confirmed by the CIT(A) – Decided in favour of Assessee. Unexplained money u/s 69A of the Act – Held that:- The assessee made a specific request that enquiry can be done from the respective bank u/s 131 or 133(6) so as to look into the factum of ownership of the bank accounts - the authorities should have made an enquiry when the assessee has categorically denied the ownership of the bank account – u/s 292C onus is upon the assessee to prove that any asset or books of accounts etc. found from the possession of the assessee, the presumption is raised against the assessee - the assessee has clearly stated that the bank officials have refused to divulge the information about the clients - the AO should have carried out the enquiry from the banks – thus, the matter is to be remitted back to the AO for ascertainment of whether the accounts belongs to the assessee or not – Decided in favour of Assessee.
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