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Suraj Mandal Versus ACIT, Central Circle-7, New Delhi

2017 (10) TMI 242 - ITAT DELHI

Household expenses of assessee being an Ex-MP and Ex-MLA - Held that:- The agricultural land has been duly reflected in the Balance Sheet as on 31.03.2008 and drawings of ₹ 1,44,000/- shown by the Assessee in his Balance Sheet as on 31.03.2008 is not reflected in any of the Bank statements and Ld. CIT(A) has not considered the fact that the Assessee had adequate cash in hand of ₹ 3,87,000/- to meet his personal expenses. Even after meeting his personal expenses he has been left with .....

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urred by him are adequate and the same have been duly shown in the Balance Sheet. We further find that no contrary evidence has been brought on record by the revenue to the averments made by the assessee. In view of the above, the addition in dispute is deleted and ground raised by the Assessee is allowed. - ITA No. 6158/Del/2013 - Dated:- 4-10-2017 - SHRI H.S. SIDHU, JUDICIAL MEMBER AND SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER For The Assessee : Sh. Ashok Sekhri, Adv. For The Revenue : Sh. Ka .....

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as erred in not considering the reasons and contentions mentioned in the Grounds of Appeal and subsequent Written submissions filed before him by not appreciating the fact that the Appellant being an Ex-MP and Ex-MLA, most of his household expenses are free since he is eligible for the same. 3. On the facts and in the circumstances of the case the Ld. CIT(A)-VI has erred in not considering the fact that most of the time the Appellant resides at his native place, i.e., a small village in the Stat .....

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ultural land or agricultural income have not been reflected in the computation part of return of income of the Appellant for the Assessment year 2008-09 for the reason that the computation part of return of income does not provide for any column where such land can be disclosed and moreover it is submitted that in the relevant assessment year, the appellant did not earn any agricultural income and hence the same was shown as NIL in the computation part of return of income of the captioned assess .....

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ses. Even after meeting his personal expenses he has been left with cash of ₹ 3.87 lakhs in his hand during the relevant period. 7. On the facts and in the circumstances of the case the Ld. CIT(A)- VI has erred in holding that ₹ 1,44,000/- is a meager sum considering the status of the appellant but has ignored the fact that by virtue of the status of the Appellant most of his expenses are either free since he is eligible for such privileges and benefits as an Ex MP and Ex MLA or are .....

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income. The return of income was filed on 5.3.2010 declaring total income of ₹ 2,30,024/-. The case was selected for scrutiny and accordingly, notice u/s. 143(2) was issued on 19.7.2010. Detailed questionnaire alongwith notice u/s. 142(1) of the Act was issued on 19.10.2010 fixing the date of compliance on 28.10.2010. In compliance to the notice, the Counsel of the assessee attended the hearing on 12.11.2010. However, no reply to the questionnaire dated 19.10.2010 was furnished by the ass .....

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eted on the basis of material available on record. The house hold expenses of the assessee are taken at ₹ 7,20,000/- for the FY 2007-08 @ ₹ 60,000/- per month. This amount was added to the income of the assesee as undisclosed expenses on house hold and accordingly, the income of the assessee was assessed at ₹ 9,50,020/- vide order dated 02.12.2010 passed u/s. 143(3) of the Act. Against the assessment order dated 02.12.2010, the assessee appealed before the Ld. CIT(A), who vide .....

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f Jharkhand in his owned building where his household expenses are minimum. It was further stated that assessee has only one dependant member, i.e., wife in his family and hence the entire expenses are not more than ₹ 1,44,000/- as has been declared in his balance sheet. It was further submitted that the agricultural land or agricultural income have not been reflected in the computation part of return of income of the Assessee for the Assessment year 2008-09 for the reason that the computa .....

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by the Assessee in his Balance Sheet as on 31.03.2008 is not reflected in any of the Bank statements and Ld. CIT(A) has not considered the fact that the Assessee had adequate cash in hand of ₹ 3,87,000/- to meet his personal expenses. Even after meeting his personal expenses he has been left with cash of ₹ 3.87 lakhs in his hand during the relevant period. In view of the above, he stated that ₹ 1,44,000/- is a meager sum considering the status of the assessee but has ignored t .....

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d that the addition in dispute may be deleted. 5. On the contrary, Ld. DR opposed the request of the Ld. Counsel of the assessee and relied upon the orders of the authorities below. 6. We have heard both the parties and perused the records, especially the orders of the authorities below. We note that assessee being an Ex-MP and Ex-MLA and most of his household expenses are free since he is eligible for the same, which reduced the expenditure of the assesee. We further find considerable cogency i .....

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