2011 (9) TMI 1036 - HC - Income Tax

Summary

Issues involved: The judgment deals with the following issues raised by the Revenue in the appeal:
a) Allowance of personal expenses as business expenditure
b) Allowing personal expenses as business expenses without cross-examination
c) Allowing unaccounted expenses without evidence
d) Set off of undisclosed expenses from different financial years
e) Allowance of cash expenses without nexus to bank withdrawals

Issue (a): The Tribunal justified allowing personal expenses as business expenditure since they were recorded in the regular books of account, stating that the matter should be considered in regular assessment, not block assessment. The High Court found no fault with this decision, dismissing the first two questions raised.

Issue (b): The Tribunal held that undisclosed income declared by the assessee included certain expenses not seized during the search. The Tribunal accepted the explanation that the undisclosed expenses were part of the declared income or could be covered by the cash in hand from previous years. The High Court found no legal issue with this finding of fact, dismissing questions (c) and (d).

Issue (c): The assessing officer disallowed certain expenses incurred by the assessee on behalf of associate concerns, alleging lack of proof that the expenses were covered by funds withdrawn from the bank. However, the Tribunal found that the expenses were indeed paid from the withdrawn amounts, and since the department did not dispute this, the Tribunal's decision was upheld as based on factual findings.

Conclusion: The High Court dismissed the appeal, upholding the Tribunal's decisions on the various issues raised by the Revenue, stating that no substantial questions of law arose from the Tribunal's orders.