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2017 (9) TMI 1584 - ITAT MUMBAIAddition of expenditure incurred on Venue Management expenses, venue expenses, stage decoration expenses and miscellaneous expenses - assessee failed to submit the details in time and for want of verification - Held that:- Merely because the expenses were allowed in subsequent year is also not sufficient to hold that these expenses are allowable in this year also, The assessee has to submit evidences and justifications for incurring of these expenses to fall with in mandate and provisions of the 1961 Act. The assessee has claimed these expenses in return of income filed with the Revenue and the onus is on the assessee to prove and substantiate its allowability within provisions and mandate of the 1961 Act. The issue of allowability of expenses is purely factual matter which requires investigation of facts at the first stage and thereafter it is to be allowed or disallowed by weighing in the context of provisions and mandate of the 1961 Act. The assessee filed details at the fag end of assessment proceedings when assessment proceedings were going to be barred by law of limitation preventing AO to conduct necessary verification and enquiry for want of time. Thus, keeping in view entire factual matrix of the case, this matter need to be restored back to the file of the AO for de-novo adjudication of all the issues on merits
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