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1993 (5) TMI 61 - AT - Income Tax

Issues:
1. Addition of Rs. 32,800 under the head trading account
2. Addition of Rs. 2,000 out of travelling expenses

Analysis:

Issue 1: Addition of Rs. 32,800 under the head trading account
The assessee, engaged in the sale and purchase of sheep skins and wool, faced an addition of Rs. 32,800 by the Assessing Officer based on discrepancies in the wool account. The Assessing Officer noted that while the assessee showed sales of wool in certain months, there was no mention of sales or stock for the remaining period. The Assessing Officer calculated the unaccounted wool extraction for the period and added Rs. 32,800 to the trading results. The Dy. CIT(A) upheld the addition, stating the assessee failed to provide evidence to refute the findings. However, upon further review, the ITAT found no concrete evidence of unrecorded sales or wool extraction. As a result, the ITAT deleted the addition, emphasizing the lack of evidence to support the Assessing Officer's claim.

Issue 2: Addition of Rs. 2,000 out of travelling expenses
The second ground of the appeal pertained to the disallowance of Rs. 2,000 from the total claim for travelling expenses. The Dy. CIT(A) supported the disallowance, citing lack of proper verification for part of the expenses. During the hearing, the ITAT found no specific arguments addressing this ground. After reviewing the material, the ITAT concluded that the disallowance was reasonable and upheld it. Consequently, the appellate order was partially allowed, with the disallowance of Rs. 2,000 from the travelling expenses being upheld. The Assessing Officer was directed to revise the assessment order accordingly.

In conclusion, the ITAT ruled in favor of the assessee regarding the addition under the trading account due to insufficient evidence supporting the Assessing Officer's claim. However, the disallowance of Rs. 2,000 from the travelling expenses was upheld as reasonable.

 

 

 

 

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