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2004 (6) TMI 260

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..... ditworthiness of the wife for advancing the impugned amount and whether the wife of the assessee in her return of income and balance sheet has properly reflected the impugned amount of advance to the assessee. We direct accordingly. Household expenses - We have considered the rival contentions and agree with the learned DR that CIT(A) has deleted the addition by wrongly relying on the judgments which are applicable to block proceedings in which additions can be made only with reference to seized material found during the course of search. In the instance case we find that the assessee was partner and managing director of the companies and having a very high status, but no withdrawal has been shown for household expenses. Therefore, we restr .....

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..... ee being a partner of some firms and director in another private limited company, being an experienced person in the line of business, supposed to make budget for difference expenditures to be incurred on the forthcoming period being fag end of the financial year in which all the Government obligations like tax, insurance, fee, etc. are to be effected for smooth running of the business. The CIT(A) further observed that it has not been brought on record by the AO in any manner that this expenditure was actually incurred by the assessee. He, therefore, deleted the same. 5. We considered the rival contentions and find that in the slip of paper the amounts noted were in the round figures which clearly indicate that those were rough estimate. Be .....

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..... tions have been heard. 9. The assessee submitted that the partner has deposited money out of his income earned from business in the individual capacity done by him. As the assessee has disclosed a sum of Rs. 11,896 towards his income from business, the AO did not agree with the contention of the assessee that amount of Rs. 3 lacs deposited was earned from business in his individual capacity. 10. By the impugned order, the CIT(A) allowed the assessee's claim after accepting his submission that the amount was paid by the wife of the assessee by way of loan vide cheque No. 824581, dt. 8th March, 1995. 11. We have considered the rival contentions. 12. It appears that entirely a different plea was taken before the CIT(A) regarding sources of .....

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