TMI Blog2013 (9) TMI 880X X X X Extracts X X X X X X X X Extracts X X X X ..... tax the unaccounted sales and has only taxed unaccounted expenses/expenditure/withdrawals - The appellant has not, in the present case, furnished details or explained nature and purpose behind the “expenditure”. Some expenses have been incurred towards kabadi etc. Names of persons do find mention but the nature of activities undertaken why and for what purpose the payment was made, are not known. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ) A. No. 32/Del/96. The appeal was admitted vide order dated 9th May, 2001 and the following substantial question of law was framed:- Whether the Tribunal s conclusions as regards the additions under Section 69C of the Income-Tax Act, 1961 are sustainable? 2. On 16th November, 1995 search operations under Section 132 of the Income Tax Act, 1961 (Act, for short) were conducted at business pre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erence between the excess of expenditure over receipts, should be brought to tax and treated as undisclosed income and the two amounts should not be separately taxed. Assessing Officer in the present case did not tax the unaccounted sales and has only taxed unaccounted expenses/expenditure/withdrawals. Before the tribunal, similar plea was raised, but was rejected after making reference to the ord ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... towards kabadi etc. Names of persons do find mention but the nature of activities undertaken why and for what purpose the payment was made, are not known. It was for the appellant assessee to produce relevant material or produce the said person to justify the payment and show and establish that the expense was not personal in nature but related to or was pertaining to unaccounted business. No one ..... X X X X Extracts X X X X X X X X Extracts X X X X
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