1989 (1) TMI 105 - HC - Income Tax

Summary

Issues:
1. Disallowance of expenditure by the Appellate Tribunal.
2. Justification of not granting an opportunity to substantiate the claim for expenditure.

Analysis:
The case involves an assessee appealing to the High Court regarding the disallowance of claimed expenditure by the Income-tax Appellate Tribunal for the assessment year 1970-71. The assessee had obtained a decree for recovery of immovable property with mesne profits and interest from the Supreme Court. The primary issue was whether the assessee could deduct Rs. 10,000 claimed to have been spent on litigation. The Income-tax Officer disallowed the claim due to lack of details, which the Appellate Assistant Commissioner was inclined to accept but still required specifics. The Appellate Tribunal noted that no particular item or dates of expenditure were provided, leading to the denial of the claim due to insufficient evidence. The assessee requested more time to produce details, which the Tribunal refused, citing the ample opportunity already given.

The High Court emphasized that the burden of proof regarding the expenditure lies entirely on the assessee. Since no material was presented to substantiate the expenditure before the assessing authorities or the Appellate Tribunal, the latter was justified in rejecting the claim. The Court agreed with the Tribunal's decision to not grant additional time, considering the ample opportunity the assessee had to provide necessary details. Consequently, the High Court upheld the decision of the Appellate Tribunal, ruling against the assessee on both questions referred by the Tribunal. The judgment was delivered by K. S. PARIPOORNAN J., with the Court finding no grounds to interfere with the Tribunal's decision and directing the judgment to be communicated to the Income-tax Appellate Tribunal, Cochin Bench.