9911796707
TMI Blog2013 (10) TMI 698X X X X Extracts X X X X X X X X Extracts X X X X ..... ot furnished any evidence before the tax authorities to substantiate the claim of agricultural income declared by him. The assessee has also not furnished any evidence to show that the land purchased on 12-04-2007 was in fact in his possession prior to March, 2007 – Decided against the Assessee. Disallowance of 1/5th of depreciation claimed on vehicles towards personal use – Held that:- Assessee had claimed depreciation on four motor cars, viz., Corolla, Gypsy, Bolero and Scorpio – A.O. estimated the personal use at 1/5th and accordingly disallowed the 1/5th of the depreciation amount claimed on these vehicles - Assessee did not file any material to substantiate his contention that these vehicles were exclusively used for business purpos ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... income of Rs.5,60,400/-. However, the Assessing Officer determined the total income at Rs.45,80,343/- by making various additions. Aggrieved, the assessee has challenged the assessment order by filing the appeal before the Ld. CIT(A), but could get only partial relief. Still aggrieved the assessee has filed this appeal before us. 4. The first issue relates to determination of agricultural income by reducing the income returned by the assessee. In the return of income, the assessee had declared the agricultural income at Rs.7,59,664/-. Before the Assessing Officer, the assessee submitted that he derived agricultural income out of rubber estate owned by him. The Assessing Officer noticed that the assessee has shown the estate income at Rs. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d village of Pathanamthitta district and accordingly, contended that the income estimated by the Assessing Officer is very much on the lower side. The Ld. CIT(A) was not convinced with the contentions of the assessee for the reason that the assessee did not furnish any evidence to support the said contentions. Accordingly, the Ld. CIT(A) confirmed the order of the Assessing Officer on this issue. 6. We have heard the rival contentions and perused the record. Before us, the Ld. AR reiterated the contentions raised before the tax authorities. On the contrary, the Ld. DR submitted that the assessee has failed to furnish any evidence in support of the claim of availability of agricultural income to the extent declared by him. We also notice t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cessary examination. The Ld D.R also did not object to the plea made by the Ld A.R. 9. We notice that the assessee has furnished copies of confirmation letters and other evidences in the paper book filed before us. Admittedly, the Ld CIT(A) did not discuss about these evidences in her order, though it is claimed by Ld A.R that these were furnished before the first appellate authority, but refused by her. The purpose of assessment of income is to collect correct amount of tax from any assessee. Accordingly, we are of the view that the department will not be put in disadvantageous position, by giving one more opportunity to the assessee. On the contrary, it would promote the cause of justice. Accordingly, we are of the view that the issues ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... usiness activities. Accordingly, we are of the view that the Ld CIT(A) has rightly confirmed the disallowance of foreign tour expenses of Rs.1,50,355/-. 12. The next issue relates to the disallowance of 1/5th of sales promotion expenses. Since the assessee did not maintain proper vouchers in support of sales promotion expenses, the AO disallowed 1/5th of the claim and the same was also confirmed by the Ld CIT(A). Before us also, no material was brought on record to contradict the findings given by the AO. Hence, we do not find any reason to interfere with the order of Ld CIT(A) on this issue. 13. The last issue relates to disallowance of 1/5th of depreciation claimed on vehicles towards personal use. The AO noticed that the assessee had ..... X X X X Extracts X X X X X X X X Extracts X X X X
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