TMI Blog2014 (6) TMI 74X X X X Extracts X X X X X X X X Extracts X X X X ..... ion of disallowance out of expenses – Held that:- All the expenses are in relation to the trading activities of the assessee - The AO has not rejected the books of account - AO has not doubted the receipts etc. and have accepted them – Relying upon CIT Vs. Maharaja Shree Ummaid Mills Ltd. [1991 (5) TMI 46 - RAJASTHAN High Court] – thus, the order of the CIT(A) is upheld – Decided against Revene. Deletion of low withdrawals for household expenses – Held that:- The addition is based on no material but on wild guess and pure estimation with reference to the size of the family and the standard of living - The AO has not brought any evidence on record, in this regard – the order of the CIT(A) is upheld – Decided against Revenue. - ITA No. 3 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 8,16,584/- made a/s 68 of the I.T. Act,1961. ii) deleting addition of Rs. I,73,463/- made on account of disallowance out of expenses. iii) Deleting addition of RS. 34,500/- made on account of low withdrawals for household expenses. 2.2 We have heard the rival submissions and have carefully perused the entire material on record. 2.3 Ground No. (i) of this appeal pertains to deletion of an addition of Rs. 8,16,584/- added u/s 68 of the Act. The facts apropos this ground are that during the year the following credits are reflected in the balance sheet of the assessee: 1. Sita Ram Suthar 63222 2. Bhagirath Suthar 202200 3. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ph of evidence produced in respect of all the creditors, including the one we are concerned with in this appeal. Resultantly, we confirm the impugned deletion of Rs. 8,16,584/- made u/s 68 of the Act and cannot allow Ground No. (i) of revenue s appeal. 3. The Ground No. (ii) is regarding deletion of addition of Rs. 1,73,463/- made on account of disallowance out of expenses. All these expenses are in relation to the trading activities of the assessee. The A.O. has not rejected the books of account. So he cannot disturb the expenses claimed unless any particular expenses is found to have been wrongly claimed. In this case, the A.O. has not doubted the receipts etc and have accepted the same, so the A.O. cannot reject some of the expenses. ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
