TMI Blog2020 (8) TMI 912X X X X Extracts X X X X X X X X Extracts X X X X ..... es whether the assessee has submitted all the evidences in support of its claim of exemption and such material were properly appreciated or not. In the facts and circumstances and in the interests of justice, we deem it fit to remit the entire issues back to the AO for a fresh examination. Since, the right to exemption must be established by those who seek it, the onus therefore, lies on the assessee. In order to claim the exemption from payment of income tax, the assessee had to put before the income tax authorities proper materials which would enable them to come to conclusion - Therefore, the assessee shall place all contemporaneous primary as well as secondary evidences in support of its claim before the AO. The AO shall after due ve ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n of income, however, allowed the depreciation and thus assessed the entire income in the status of AOP at maximum marginal rate. Aggrieved, the assessee filed an appeal before the CIT(A). 3. During the appellate proceedings, the Ld CIT(A) called for remand report and shared it with the assessee and after considering the assessee s reply etc, he observed, inter alia, that he was in agreement with the AO as appellant is unable to furnish necessary bills/vouchers for the claim of expenses incurred out of cash withdrawals. Although, the appellant has stated that bills/vouchers were produced during the assessment proceedings, the AO has categorically denied that such bills/vouchers were produced. In any case, various opportunities have been ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ceipt and the payments in the bank book. Since, the cash withdrawn has been accounted in the book as receipt of cash from bank, no vouchers are prepared for the contra entries for the cash receipts from the bank. For all other payments like, salaries, travelling and conveyance, telephone bills, ESI, EPF and all other petty cash payments etc vouchers are available and produced before the AO. Inspite of it, the AO has insisted vouchers for the cash withdrawals made from the bank for which no voucher could be maintained but for counterfoil of cheques. Without appreciating the entire fact, the Ld. CIT(A) dismissed the appeal. Being a charitable trust, the Ld. AR pleaded that one more opportunity may be given to the assessee to establish its cas ..... X X X X Extracts X X X X X X X X Extracts X X X X
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