2007 (2) TMI 258 - AT - Income Tax

Summary

Issues involved:
Confirmation of addition of Rs. 2,21,680 on the basis of assumed expenditure on the occasion of marriage ceremony of the assessee.

Confirmation of addition of Rs. 2,21,680:
The appeal was against the order confirming the addition of Rs. 2,21,680 as assumed expenditure on the marriage ceremony of the assessee during the block period of assessment years 1997-98 to 2003-04. The Assessing Officer (AO) based this addition on the statement of the grandmother of the assessee, claiming an expenditure of Rs. 6 to 7 lakhs on the marriage, which was allegedly contributed by the maternal uncle of the assessee. However, the Tribunal noted that there was no material or evidence apart from the grandmother's statement to support this claim. The Tribunal held that the burden of proof regarding the source of the expenditure was on the maternal uncle, not the assessee. As there was no evidence of unexplained expenditure by the assessee, the Tribunal ordered the deletion of this addition.

Charging of interest under s. 158BFA(1):
The last ground of the appeal dealt with the charging of interest under section 158BFA(1). The Tribunal considered this ground as consequential and accordingly allowed it. As a result, the appeal was allowed in favor of the assessee.