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2016 (1) TMI 491

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..... s right in upholding this disallowance. The findings of the order of the ld.CIT(A) are confirmed.- Decided against assessee. Disallowance of bank interest - Held that:- The disallowance was confirmed by the ld.CIT(A) on the ground that no details and evidence was filed. In my view, the disallowance is not sustainable for the reason that the AO has not made any such allegation. There is no basis for the Revenue to reject this claim of the assessee.- Decided in favour of assessee. Addition towards household expenses - Held that:- The assessee submits that the total household expenses actually incurred and shown are for ₹ 1,68,000/- which is very reasonable. The AO estimated the household expenses at ₹ 2,04,000/- and made an .....

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..... ng possibJe leakage, while professional receipts remained at ₹ 841500/= against ₹ 624250/- of the preceding year. 3. That the addition of ₹ 29689/- stating U/s 40A (iii) has been wrongly confirmed, in spite of capital expenditure for which payments were made at ₹ 20000/- or below in a day after purchasing goods through two sales invoices not Cash memoes. 4. That confirmation of addition made for Bank Interest paid at ₹ 64563/- for clinic purposes is totally uncalled for, specially being the amount paid to Bank against loan obtained for converting ground floor of House in to Nursing Home, 5. That addition confirmed at ₹ 36000/- is not maintainable at all, towards house hold expenses sho .....

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..... e of bank interest. The disallowance as made on the ground that the loan availed from bank is not for business or professional purposes. The ld.CIT(A) recorded as follows:- 3. Addition of ₹ 64,563/= paid as Bank Interest:- The Assessee has constructed a house up to the year 2006 and stared living since then for which a house loan of ₹ 15 Lacs was obtained from PNB on 03.04.2006 A sum of ₹ 1,45,133/= was paid towards house loan interest on said loan of ₹ 15 Lac. In the year 2007, it was decided to convert ground floor of residential house into Nursing Home/clinic so that a fresh second loan of ₹ 7 Lac was obtained in 2007 against same building from the same bank for Nursing Home purposes in vest .....

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..... in support of his claim. It is observed that the appellant has only furnished copy of Loan Proposal/Sanction Letter dated 07-02-2007 issued by Punjab National Bank in support of his claim. However, no details and evidence viz. copy of bank account establishing that loan of ₹ 64,563/- was paid during the year, has been furnished. Thus in the absence of the same it is held that the AO was justified in making addition of ₹ 64,563/-. The same is hereby confirmed. Ground of appeal No.4 is dismissed. 7. The disallowance was confirmed by the ld.CIT(A) on the ground that no details and evidence was filed. In my view, the disallowance is not sustainable for the reason that the AO has not made any such allegation. There is no .....

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