2014 (7) TMI 123 - AT - Income Tax

Addition of low household expenses Held that - The assessee was a minor in the relevant financial year and he became major only on 28-3-2003. He was staying with his mother, who was managing the house by preparing tiffin and homemade food for the various persons - There is no further material or information on record that the assessee in the relevant financial year has incurred any expenditure which has not been disclosed there was no reason for estimating any kind of household withdrawals specifically, on the facts stated that sums was shown by his mother and himself for the household expenses thus, there was no reason to sustain any kind of addition on account of low household withdrawals as confirmed by the CIT(A) Decided in favour of Assessee. Unexplained money u/s 69A of the Act Held that - The assessee made a specific request that enquiry can be done from the respective bank u/s 131 or 133(6) so as to look into the factum of ownership of the bank accounts - the authorities should have made an enquiry when the assessee has categorically denied the ownership of the bank account u/s 292C onus is upon the assessee to prove that any asset or books of accounts etc. found from the possession of the assessee, the presumption is raised against the assessee - the assessee has clearly stated that the bank officials have refused to divulge the information about the clients - the AO should have carried out the enquiry from the banks thus, the matter is to be remitted back to the AO for ascertainment of whether the accounts belongs to the assessee or not Decided in favour of Assessee.

Summary

Issues:
1. Estimation of household expenses based on assumption.
2. Addition of unexplained money in bank accounts under Section 69A.

Estimation of Household Expenses:
The appeal was filed against the order passed by the CIT(A)-36, Mumbai for the assessment year 2003-2004. The Assessing Officer estimated the income of the assessee based on household expenses at Rs. 1,80,000 and made an addition of Rs. 1,50,000 as unexplained expenses towards household expenses. The assessee contended that he was a minor during the relevant year and was staying with his mother, who was running a small business. The CIT(A) partly accepted the contention but estimated household expenses at Rs. 1,00,000 due to the assessee's engagement in a vegetable vending business. The Tribunal found no basis for estimating household expenses without any material on record and directed the deletion of the addition, as the assessee became major only on 28-3-2003 and no undisclosed expenditure was proved.

Addition of Unexplained Money in Bank Accounts:
Regarding the addition of Rs. 17,126 under Section 69A for unexplained money in two bank accounts, the assessee denied ownership of these accounts. The Assessing Officer relied on Section 292C, placing the onus on the assessee to prove ownership. The assessee requested an enquiry from the bank to establish ownership, but the authorities did not conduct the inquiry. The Tribunal held that in such circumstances, the Assessing Officer should have verified the ownership from the bank, as the assessee denied ownership and the bank officials did not provide information. The issue was remanded back to the Assessing Officer for further enquiry, giving the assessee an opportunity to respond to any information obtained. The appeal was partly allowed for statistical purposes.

In conclusion, the Tribunal ruled in favor of the assessee by directing the deletion of the estimated household expenses addition and remanding the issue of unexplained money in bank accounts back to the Assessing Officer for further investigation.