TMI Blog2022 (11) TMI 727X X X X Extracts X X X X X X X X Extracts X X X X ..... d dues. The assessee has not brought on record in particular instant where the assessee has right to approach Shri Rasik C. Patel. If the advance was taken from Shri Rasik C. Patel who is now expired as per submissions made before the CIT(A) by the assessee, the assessee has not shown any measures taken by him as to whether in legal heirs of the said party are present to whom the dues can be repaid. Merely writing off the dues cannot allow the claim of the assessee. CIT(A) rightly said that the old dues not payable is rightly shown as income from other sources . The CIT(A) has rightly placed the total expenses which reveals that no expenses were related to the advances against purchase received from Mr. Rasik Shah. Therefore, the sam ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llowed as business expenses. 4. Consequently CIT(A) has erred in not allowing business loss claim after alliance of said business expenses and thus arrived said loss to be allowed to set off against the income from other sources, if any, for an adjustment of loss/income under inter-heads for the year under consideration. 5. The learned CIT(A) has erred on facts by not considering the appellant s claim as narrated vide letter dated 10.12.2017 submitted before learned AO who acknowledged personally on 11.12.2017. The appellant craves leave to add to, alter, amend, modify and/or vary any or all of the grounds aforesaid at the time of hearing. 3. The additional grounds of appeal raised by the assessee are read as under: 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iled appeal before the CIT(A). The CIT(A) has dismissed the appeal of the assessee. 6. The Ld. A.R. submitted that the loan and advances taken by the assessee from Mr. Rasik Shah was related to business expenses as during the year under consideration the assessee carried out business activity for exporting construction material to Democratic Republic of Congo (in short DR Congo ) where he initiated to export the construction materials to the said country but unfortunately due to civil wars in the said country the activities had not been scaled up. As a part of business activities the assessee carried out several amount with business groups, government and semi-government organization alongwith mediator at Congo. The assessee contributed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ever shown the same as debts and liabilities by the assessee in the previous year.This fact was not denied by the assessee at any juncture. Merely stating that it is wrongly treated under income from other sources cannot show the genuineness of the assessee related to old dues. The assessee has not brought on record in particular instant where the assessee has right to approach Shri Rasik C. Patel. If the advance was taken from Shri Rasik C. Patel who is now expired as per submissions made before the CIT(A) by the assessee, the assessee has not shown any measures taken by him as to whether in legal heirs of the said party are present to whom the dues can be repaid. Merely writing off the dues cannot allow the claim of the assessee. Thus, th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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