TMI Blog2009 (7) TMI 1345X X X X Extracts X X X X X X X X Extracts X X X X ..... respect of the following expenses: Rent, rats and taxes 25,000/- Office maintenance and General repairs 3,99,000/- Sales promotion, advertisement seminar 26,670/- Conveyance 7,33,860/- Legal professional charges 25,000/- Out of postage, telephone telex 6,90,600/- Travelling 11,64,900/- 30,65,300/- 2.1. The Assessing Officer made the disallowance. According to the Assessing Officer all these expenses were not suppo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tire year was totally unjustified. The CIT(A) found that a similar addition was deleted by him for A.Y. 2001-02 and he accordingly deleted the addition. 3.3. We have heard both sides. The assessee has filed before us a copy of Tribunal s order dated 14-11-2006 in ITA no. 4460/Del/04, in assessee s own case, for A.Y. 2001-02 wherein identical addition has been deleted. Apart from the issue being subject matter of a decision by the Tribunal in favour of the assessee, we find that the assessee has made advances at the fag end of the financial year in question and computation of addition for the entire year is wholly unjustified. The CIT(A) further gave a finding that there was no flow of funds involved in the said transaction as these prope ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... even though such income did not pertain to that year. It has also been held that it is the duty of the Assessing Officer to determine whether a particular receipt is taxable as income or not. The mere circumstance that the assessee has shown the income in his return does not make him liable thereon. The assessee is liable to tax if only such receipt can be included in his total income and is assessable under the Act. 4.3. The Central Board of Direct Taxes has issued circulars to the effect that the assessee should be properly guided in relation to the claim. The CBDT has emphasized upon the Assessing Officers to assess the correct income to tax. If the assessee is following a particular method of accounting and he has omitted to claim th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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