9911796707
TMI Blog2009 (4) TMI 938X X X X Extracts X X X X X X X X Extracts X X X X ..... 2. In all the appeals, the solitary issue involved relates to the addition made by the AO for low household withdrawals. In order to appreciate the factual aspects, we take up the appeal in the case of Shri Subhash Duggal. The brief facts are that a search action under s. 132 of the IT Act, 1961 (in short 'the Act') took place in Duggal Group of cases on 15th Oct., 2003, and one of the constituents of the said group is the assessee also. The assessment under s. 153A r/w s. 143(3) of the Act has been finalized by the AO vide order dt. 31st March, 2006 for the three captioned assessment years. In the asst. yr. 1998-99, the assessee had explained that the household expenses are met from self-contributions, contributions from his brot ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was contended that the assessee family was enjoying ordinary lifestyle and there was no membership of any club, etc. It was also submitted that the telephone expenses, electricity expenses etc. were accounted for separately. Even with regard to the statement of the lady members recorded at the time of search operation, it was explained that the estimate referred therein was in relation to the period during which the search was conducted i.e., 15th Oct., 2003. However, such estimate would not hold good for the impugned assessment years which were of much earlier date. In any case, it was pointed out that even in the course of search operation, only normally accepted gadgets were found and there was nothing lavish noted by the search party. I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ehold articles like ACs, TVs, geysers and other electronic gadgets. Secondly, that during the course of search, one of the lady members admitted that the household expenses were to the extent of Rs. 20,000 per month. In terms of s. 153A under which the impugned assessments have been made, the mandate of the AO is to assess or reassess the total income of the assessee in the cases where search has taken place. Admittedly, in the case of the assessee, search operation took place on 15th Oct., 2003. In any case, we find that before the claim of household expenses made by the assessee is to be rejected, the AO must bring out cogent material and evidence. In this case, reasons advanced by the AO are quite general in nature. In fact, the first re ..... X X X X Extracts X X X X X X X X Extracts X X X X
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