2011 (3) TMI 1585 - AT - Income Tax

Summary

Issues Involved:
1. Deletion of addition on account of unexplained household expenses.
2. Deletion of addition on account of unexplained credit entry in the bank account of the minor son.
3. Deletion of addition on account of unexplained loan.
4. Deletion of addition on account of unexplained credit entry in the bank account.
5. Acceptance of additional evidences in violation of Rule 46A of the I.T. Rules.

Summary:

1. Deletion of Addition on Account of Unexplained Household Expenses:
The issue relates to the deletion of an addition of Rs. 52,000 made by the Assessing Officer (AO) on account of household expenses. The AO estimated household expenses at Rs. 1 lakh against the assessee's declared withdrawal of Rs. 48,000, resulting in an addition of Rs. 52,000. The CIT(A) deleted the addition, noting that the combined withdrawal of the assessee and his wife amounted to Rs. 96,000, which was reasonable. The Tribunal upheld the CIT(A)'s decision, dismissing the Department's ground.

2. Deletion of Addition on Account of Unexplained Credit Entry in the Bank Account of Minor Son:
The AO added Rs. 1 lakh as unexplained credit in the bank account of the minor son of the assessee, citing the inability to establish the creditworthiness of the depositor, Shri M.K. Shukla. The CIT(A) deleted the addition, noting that the same amount was already added in the hands of M/s Suyash Khemka (Agarwal) Beneficiary Trust. The Tribunal upheld the CIT(A)'s decision, emphasizing that the same addition cannot be made twice and dismissed the Department's ground.

3. Deletion of Addition on Account of Unexplained Loan:
The AO made an addition of Rs. 23,10,000 as unexplained loans from various family members and others, citing the failure to prove the genuineness of transactions and the identity and creditworthiness of creditors. The CIT(A) deleted the addition after considering the assessee's submissions and the AO's remand report, which verified the transactions. The Tribunal upheld the CIT(A)'s decision, noting that the AO himself was satisfied with the genuineness of the loans and dismissed the Department's ground.

4. Deletion of Addition on Account of Unexplained Credit Entry in the Bank Account:
The AO added Rs. 12,40,000 as unexplained credits in the bank account. The CIT(A) deleted the addition after considering the assessee's submissions and the AO's remand report, which verified the transactions. The Tribunal upheld the CIT(A)'s decision, noting that the AO himself was satisfied with the genuineness of the credits and dismissed the Department's ground.

5. Acceptance of Additional Evidences:
The Department contended that the CIT(A) accepted additional evidences without proper reasons, violating Rule 46A of the I.T. Rules. The Tribunal found no merit in this ground, noting that the CIT(A) forwarded the submissions and documents to the AO for verification, which were accepted in the remand report. The Tribunal dismissed this ground of the Department.

Conclusion:
The Tribunal dismissed the Department's appeal, upholding the CIT(A)'s order on all grounds.