TMI Blog2014 (6) TMI 909X X X X Extracts X X X X X X X X Extracts X X X X ..... and until it is proved otherwise. Accordingly, we find no merit in the addition and we delete the same - Decided in favour of assessee. Disallowance of travelling and conveyance charges on account of non-professional use - Held that:- Undisputedly personal use of vehicles cannot be ruled out. Therefore, certain disallowance is called for. But the disallowance estimated by the ld. CIT(A) @ 20% is on higher side and we accordingly reduce the same to 10% to meet the ends of justice.- Decided partly in favour of assessee. Disallowance of depreciation on car at 25% on account of personal use - Held that:- We reduce the disallowance on account of depreciation to 10% on account of personal use of the vehicle - Decided in favour of assessee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... PER SUNIL KUMAR YADAV: This appeal is preferred by the assessee against the order of the ld. CIT(A), inter alia, on the following grounds:- 1. The Learned Commissioner of Income Tax (Appeals)-II, Lucknow [here-in-after referred to as the Ld. CIT (A)'s] erred on facts and in law in confirming the addition of ₹ 1,80,407/- being loan received from Shri. A.K. Shukla a resident of Canada and in not appreciating the submissions and the documents submitted before him and thus the addition being based on notions, conjectures and surmises may kindly be ordered to be deleted. 2. The Ld. CIT (A)'s erred on facts and in law in partly conforming the addition of ₹ 24,139/- and only giving a relief of ₹ 3,106/- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ransaction, etc., but the same was not appreciated by the Assessing Officer and he made the addition. The ld. CIT(A), though re-examined the issue in the light of the arguments of the assessee, but was not convinced with it and the addition was confirmed. 4. Now the assessee is before us with the submission that the ld. CIT(A) has gone on technical point, like nature of Dollars whether it is Canada or U.S and the name of the persons appearing in the balance sheet of the assessee. The ld. counsel for the assessee has submitted that it has filed the bank statement to show from where the money is transferred and the assessee has received this loan in U.S. Dollars. Copy of the confirmation was also filed. It was contended that Shri. A. K. Sh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n-professional use. The Assessing Officer has made disallowance of 25% of the total claim raised by the assessee on account of personal use of the vehicles, but it was reduced by the ld. CIT(A) to 20%. 8. Now the assessee is before us with the submission that vehicle was used for the profession of the assessee. 9. The ld. D.R., on the other hand, has placed reliance upon the order of the ld. CIT(A). 10. Having carefully examined the issue in detail in the light of the rival submissions, we find that undisputedly personal use of vehicles cannot be ruled out. Therefore, certain disallowance is called for. But the disallowance estimated by the ld. CIT(A) @ 20% is on higher side and we accordingly reduce the same to 10% to meet the end ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d. CIT(A). 18. Having given a thoughtful consideration to the rival submissions and from a careful perusal of the orders of the authorities below, we find that the assessee has filed copies of Revenue record before the ld. CIT(A) and the ld. CIT(A) himself has accepted that the assessee owns agricultural land, but he has confirmed the disallowance on the ground that no evidence was filed with regard to sale of agricultural produce and the expenses incurred in agricultural operation. In this regard, we would like to mention here that in a country like India farmers are not that much literate and they are not aware of the maintenance of accounts, etc. and no farmer maintains accounts for the expenses incurred in agricultural operation and ..... X X X X Extracts X X X X X X X X Extracts X X X X
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