TMI Blog2003 (1) TMI 234X X X X Extracts X X X X X X X X Extracts X X X X ..... 41,332 is mentioned as paid on 24th Nov., 1992 and the assessee could not explain the nature and source of the expenditure. She explained that the statement of the assessee could not be recorded on this issue due to his death on 18th Dec., 1995. She has relied on decision of Hon'ble Karnataka High Court in CIT vs. P.R. Metrani (HUF) (2001) 169 CTR (Kar) 149 : (2001) 251 ITR 241 (Kar). 3. The learned counsel for the assessee argued that no addition on the basis of noting on loose paper can be made since there is no material to relate the same to any expenditure made by the assessee. He argued that no question regarding the nature and source of the alleged noting was made to the deceased assessee, who was alive for about 11 months after the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gued that the son of the deceased assessee was handling all the affairs of the assessee and therefore he should be well aware of the nature and source of the noting on the loose paper. 5. We have considered the rival submissions carefully. We find that the noting on the loose paper No. 20 is as under: "paid Rs. 7,41,332 as on 24th Nov., 1992." In our considered view there cannot be any addition made in the hands of the assessee by invoking s. 69C of the Act, on the mere noting on the loose sheet reproduced above. In order to make any addition under s. 69C of the Act for unexplained expenditure, some material has to be brought on record to suggest some unexplained expenditure was incurred by the assessee and the nature thereof and that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ently. There is no material on record that the assessee has spent the amount on furnishings somewhere. In these facts we hold that the onus in such type of case on the Revenue to show that prima facie the expenditure was made by the assessee on the basis of some material on record, is not discharged by the Revenue. In this view of the matter we hold that there is no mistake in the order of the CIT(A) in holding that the addition cannot be upheld in this case for want of any material or evidence on record and the requirements of s. 69C are not fulfilled by the Revenue. Accordingly, the ground of appeal of the Revenue being without any merit is dismissed. 6. In the result the appeal of the Revenue is dismissed. - - TaxTMI - TMITax - Inc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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