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2022 (1) TMI 1048 - AT - Income TaxAddition of expenditure incurred on foreign travel - Allowable business expenditure or not? - HELD THAT - As seen from the records that the assessee failed to substantiate the expenditure made by him on the foreign travel. Even before this Tribunal, no evidence is furnished regarding his foreign travel. Under these facts, we do not see any reason to interfere in the finding of Ld.CIT(A), the same is hereby affirmed. Thus, Ground No.1 raised by the assessee is dismissed. Addition of expenditure incurred on occasion of marriage - HELD THAT - A.R. could not file or show a single piece of details regarding marriage of the appellant. This act of Id. A.R. self explains the fact that all notings on above said incriminating document is related to expenses incurred on marriage of appellant. Thus, after above detailed discussion, it is very clearly that this is not a rough paper as claimed by the appellant. It is an incriminating document which has been from the premises of the appellant. This paper has undisclosed details of marriage expenses incurred by the appellant which were not recorded in the books of account. It is established preposition of law u/s 132(4A) 292C of the Act that incriminating document found during search belongs to the person from whose custody it was found and the details of entries mentioned therein are true/correct. Appellant has not brought out any materials to rebut this presumption of law. Therefore, undersigned is of the view that AO has rightly addition on this account - Decided against assessee. Addition on account of credit entries in the bank account of the assessee - assessee failed to give any explanation regarding the credit entries - undisclosed income on account of entries - HELD THAT - We find that Ld.CIT(A) has not given any finding on these additions. In the absence of any finding by the Ld.CIT(A) on the merit of these additions and any submissions by the assessee, we hereby dismiss the grounds of assessee s appeal.
Issues:
- Addition of expenditure on foreign travel - Addition of expenditure on occasion of marriage - Unexplained cash credit under section 68 of the IT Act - Undisclosed income on account of entries Issue 1: Addition of Expenditure on Foreign Travel (Assessment Year 2008-09): - The appellant challenged the addition of ?5,00,000 on foreign travel expenses. - The appellant failed to provide evidence or substantiate the expenditure during the assessment. - The CIT(A) upheld the addition due to lack of supporting documents. - The Tribunal affirmed the CIT(A)'s decision, stating the appellant did not furnish any evidence even during the appeal. - The ground raised by the appellant was dismissed, and the appeal was rejected. Issue 2: Addition of Expenditure on Occasion of Marriage (Assessment Year 2008-09): - The appellant contested the addition of ?33,95,000 related to marriage expenses. - Incriminating documents found during a search contained details of marriage expenses. - The appellant could not provide any explanation or evidence regarding these entries. - The CIT(A) confirmed the addition based on the incriminating document. - The Tribunal upheld the CIT(A)'s decision, as the appellant failed to rebut the findings or provide any material. - The ground of appeal was dismissed, and the appeal was rejected. Issue 3: Addition of Expenditure on Foreign Travel (Assessment Year 2010-11): - The appellant disputed the addition of ?5,00,000 on foreign travel expenses for this assessment year. - The facts and arguments were similar to the case of Assessment Year 2008-09. - The Tribunal maintained a consistent view and rejected the appellant's ground based on previous decisions. - The ground raised by the appellant was dismissed, and the appeal was rejected. Issue 4: Unexplained Cash Credit and Undisclosed Income (Assessment Year 2011-12): - The appellant raised concerns regarding unexplained cash credit and undisclosed income entries. - The CIT(A) did not provide any findings on these additions. - In the absence of any decision by the CIT(A) and lack of submissions by the appellant, the Tribunal dismissed the grounds of appeal. - The appeal of the appellant for this assessment year was rejected. In conclusion, the Tribunal dismissed all appeals related to different assessment years concerning various additions of expenditures and unexplained income entries. The decisions were based on the lack of evidence, failure to substantiate claims, and consistent views maintained by the Tribunal across the cases.
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