TMI Blog2013 (10) TMI 883X X X X Extracts X X X X X X X X Extracts X X X X ..... dual and the personal use of vehicle by the assessee and his family members cannot be ruled out - the Assessing Officer has disallowed 1/5th out of diwali expenses, telephone expenses, sales promotion expenses and miscellaneous expenses - these expenses are supported by self-made vouchers only which are not verifiable - 1/5th disallowance out of car and conveyance expenses as well as diwali, telephone, sales promotion and miscellaneous expenses is fair and reasonable – Decided against Assessee. Addition of Low Household Expenses – Held that:- The Assessing Officer has found that the total withdrawal for household by the assessee and his wife was only Rs. 1,11,578 - the household expenses at Rs. 12,000/- per month - the estimate of Rs. 12,000/- per month for household expenses is quite fair and reasonable – Decided against Assessee. - ITA No.1634/Del/2013 - - - Dated:- 27-9-2013 - Shri G. D. Agrawal And Shri Rajpal Yadav,JJ. For the Appellant : Shri Shiv Raj Kumar Batra, Advocate. For the Respondent : Ms. Y. Kakkar, Sr. DR. ORDER Per G. D. Agrawal,VP. This appeal by the assessee is directed against the order of learned CIT(A), Rohtak dated 22nd February, 201 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uring assessment proceedings. That the source of deposit of Rs.300000/- is as under:- a) Rs.200000/- By cash deposit out of old cash in hand i.e. Rs.235497/- available as on 31-03-2008. Photocopy of income tax return notes/balance sheet attached. b) Rs.100000/- Rs.97190/- Amount due from M/s Ganpati Fabrics received by bank trf. Dt. 10-11-2008 in PNB GT Road Panipat. Rs.3000/- By cash deposit out of cash in hand on dt 10-11-2008. The appellant has duly submitted before the Assessing Officer all these documents which includes copy of acknowledgement of return, copy of bank a/c, copy of a/c along with confirmation etc. Even all these documents have been placed in Paper Book before this Hon'ble Bench. Thus the appellant has proved the identity, capacity of creditor, genuineness of transaction. Thus the appellant has duly discharged the initial burden lied on him. But the ld.CIT(Appeals) has allowed relief of Rs.100000/- as accepting the source of income. However the department has failed miserably to discharge the burden shifted on it. Therefore, the addition sustained on a/c of unsecured loan of Rs.200000/- of Smt. Anu Singhal is totally wrong, illegal and excessive in na ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... All the above persons are regular income tax assessee. They have shown this credit amount in their B/sheet and debit amount in the name of the appellant. To establish the identify capacity and genuineness of transaction, the appellant has submitted the following evidences :- 5 ITA-1634/Del/2013 1) Copy of acknowledgement of returns their PAN No. along with copy of A/c cum confirmation letter. 2) Copy of their Bank A/c's shown debit of loan given to the appellant by A/c payee cheques. 3) That copy of B/sheet of these persons shown debit balance in the name of the appellant. 4) Copy of return B/sheet for A.Y. 2008-09 showing cash in hand available as on 31-3-2008. Thus the onus of proving the source of money credited in the books of the appellant has been duly discharged. Further the A.O. has failed miserably to discharge the onus shifted on him to prove that the sums credited in the A/c books is the income of the appellant." 7. In support of his contention, he relied upon the decision of Hon'ble Apex Court in the case of CIT, Orissa Vs. Orissa Corporation P.Ltd. - [1986] 159 ITR 78. He, therefore, submitted that the addition of Rs. 7 lakhs sustained by the learne ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e, she had a capacity of depositing Rs. 2 lakhs in the cash in her bank account during the FY 1.4.2008 to 31.3.2009. Similar are the facts with regard to Sippy Jain and Sonia Jain. In these two cases also, the assessee has furnished the income tax return, confirmation, bank account as well as balance sheet for the year ended on 31st March, 2008 and 31st March, 2009. Cash deposited in the bank account was out of cash in hand disclosed on 31st March, 2008. That the Hon'ble Apex Court in the case of Orissa Corporation (supra) held as under:- "In the case, the assessee had given the names and addresses of the alleged creditors. It was in the knowledge of the Revenue that the said creditors were income tax assessee. Their index numbers were in the file of the revenue. The Revenue apart from issuing notices under s. 131 of the instances of the assessee, did not pursue the matter further. The Revenue did not examine the source of income of the said alleged creditors to find out whether they were creditworthy, or were such who could advance the alleged loans. There was no effort to pursue the so- called alleged creditors. In those circumstances, the assessee could not do anything further ..... X X X X Extracts X X X X X X X X Extracts X X X X
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