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2016 (8) TMI 993 - AT - Income TaxDisallowance of expenditure as claimed by the assessee in the profit and loss account - treatment of the ‘business income’ as ‘income from other sources’- Held that:- As from the perusal of the paper book submitted before us, it is seen that assessee had furnished copy of Ledger account of medical income giving date wise details and income earned along with the copy of certificate of Life Membership of IMA and Registration Certificate allotted by MCI. Thus, the factum of income from Medical Profession cannot be disregarded once these facts have been brought on record and no adverse material has been brought or enquiry whatsoever has been done by AO. The AO has treated this income as ‘income from other sources’, which has no basis in the wake of these evidences. Accordingly, we hold that the income of ₹ 5,56,100/- shown by the assessee is nothing but medical income shown by the assessee which is chargeable under the head “income from business and profession” under section 28. Further, from the nature of expenses debited it is quite evident that these expenditures are purely for the purpose of earning of business incomes shown, like in the nature of audit fees, bank charges, interest on loan, insurances, payments made for professional fees, telephone expenses, car repairs etc. All these expenses have been incurred by way of account payee cheques barring one minor item of ₹ 11,712/-, which is in cash. Thus, neither the genuineness of the expenditure is doubted nor it is the case of the revenue that these are unverifiable. Thus, we do not find any reason to hold that these expenditures are to be disallowed. Accordingly, we allow the expenditure claimed by the assessee which has been debited in the profit and loss account against the business income. Thus, grounds raised by the assessee are treated allowed. Nature of income - Business income from real estate transaction/ commission - Held that:- We find that assessee had filed all the details of income earned and expenditure incurred. Looking to the nature of expenditure and also the fact that the same has been incurred mostly through account payee cheques, it cannot be held that either the expenses are unverifiable or they had not been incurred for the purposes of the earning of the income shown by the assessee. In any case, the AO himself has computed the income from business which is in the form of remuneration from the firm. However, he has treated the business income at ₹ 5,78,500/- as ‘income from other sources’ which, in our opinion, in wake of evidences filed cannot be upheld. Accordingly, like in the earlier appeal, we hold that income is assessable as ‘business’ income under section 28 and expenditure claimed in the profit and loss account have to be allowed as deduction which computing the income of the assessee. Thus, the ground raised by the assessee is allowed..
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