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TMI Blog2022 (9) TMI 1515X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee has raised the revised grounds of appeal: "1. The Ld. CIT(A) has erred in law as well as on facts in confirming an assessment order U/s. 144 of the act. The order deserves annulment. 2. The Ld. CIT(A) has erred in law as well as on facts considering that the Ld. A.O. has erred in not providing reasonable opportunity to the appellant. The order deserves annulment. 3. The Ld. CIT(A) has erred in law as well as on facts in confirming order U/s. 144 passed without properly service of the notice on the appellant. The proceedings being bad in law deserve annulment. 4. The Ld. CIT(A) has erred in law as well as on facts in not confirming providing the material available with him and utilized against the assessee. The assessment ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n full is neither legal nor statutory nor logical. 12. Without prejudice, the income determined needs suitable reduction. 13. Without prejudice the Ld. CIT(A) erred confirming disallowance of expenditure at 100%. The same needs suitable reduction. 14. Without prejudice the Ld. CIT(A) erred in not considering the identical cases to compare his own action. The assessment needs annulment. 15. The appellant craves leave to add/alter/amend and/or substitute any or all grounds of appeal before the actual hearing takes place." 3. The only interconnected issue raised by the assessee is that the Ld. CIT(A) erred in confirming the addition made by the AO for Rs. 9,73,562/- representing the expenditure incurred under the provision of Sec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h the assessing officer or the appellate authority or CIT(Appeals) can grant to him. Such course of action is very unfortunate. In present case the income is arising from other sources and not from the business activities. The indulgence in a systematic business activities will definitely lead to incurrence of certain expenditure and in absence of exact quantification of such expenses or reasonable estimates should be made of such expenditure and only the expected reasonable profit should be taxed out of the said business transaction. 5.2 However, this proposition is not correct in the present case. Here the income receipt has arisen to the assessee not due to systematic and continuous business adventures. The appellant has received inco ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... other sources amounting to Rs.11,33,515/- against which a deduction of Rs.9,73,562/- was claimed under Section 57 of the Act. But both the authorities below have disallowed the same i.e. deduction/expenses of Rs.9,73,562/- in the absence of necessary documentary evidence. Even at the time of hearing before us, the Ld. AR in the written submission has submitted that the gross amount of income cannot be taxed without allowing the corresponding expenses which were claimed in the return of income. 10. However, the onus lies upon the assessee to furnish the necessary documentary evidences in support of the claim made in the income tax return. If the assessee fails to discharge the onus, there is no remedy available to the revenue to disallow t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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