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TMI Blog2014 (2) TMI 562X X X X Extracts X X X X X X X X Extracts X X X X ..... nces of the case and in law, the learned CIT(A) erred in allowing the disallowance made by the Assessing Officer of interest on unsecured loan of Rs.2,54,880/- as non business expenditure. 3. On the facts and in the circumstances of the case and in law, the learned CIT(A) erred in allowing the addition made by the Assessing Officer of payment of MVAT & Sales Tax of Rs.15,448/- due to non submission of documentary evidence of payment. 4. On the facts and in the circumstances of the case and in law, the learned CIT(A) erred in allowing the addition made by the Assessing Officer of Rs.57600/- on account of low withdrawals for household expenses." 2. The appeal came up for hearing before the Tribunal on 4th September, 2013 and the same was a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the return filed by the assessee, the assessee does not claim the benefit under section 44AF and writes 'Nil' profit in column 33 sub clause (iii). In view of the above the AO, in the trading account of the assessee, has observed that the assessee has claimed purchase of Rs. 12,90,563/- in respect of which no authentic vouchers are furnished and its payments are also not substantiated. The AO disallowed 10% of the total purchase, which comes to Rs. 1,29,056/- and added to the total income of the assessee. The learned CIT(A) also confirmed the said action of the AO. Hence the assessee is in appeal before us in ground No. 1 of the appeal. 5. Since the assessee has not claimed the benefit of section 44AF in the return filed and also could ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e investments in the assessment year under consideration. Therefore, the learned CIT(A) has stated that in the absence of any evidence filed, the addition made by the AO is sustained. 8. Since no evidence are also filed before us to controvert the facts as stated by the learned CIT(A) (supra), we do not find any reason to interfere with the order of the learned CIT(A). Hence ground No. 2 of the appeal taken by the assessee is rejected. 9. In respect of ground No. 3 of the appeal the AO has stated that as per the Balance Sheet as on 31st March, 2007, on the Liabilities side the assessee has shown M. VAT and Sales Tax at Rs. 564/- and Rs. 14,924/- respectively. The assessee was asked to furnish challans of Sale Tax and M. VAT payment but th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... withdrawals made by him. Hence the assessee is in appeal before the Tribunal. 12. We observed that the total withdrawals of the assessee for the year under consideration is stated to be Rs. 1,83,039/- out of which Rs. 62,400/- in cash for food expenses. The learned CIT(A) has rejected the claim of the assessee of withdrawals of his wife and his son of Rs. 36,000/- and Rs. 54,000/- respectively merely because the assessee had not produced copies of the bank account, evidence of source of income and expenditure incurred, etc. Considering the submissions of the assessee before the authorities below and the fact that the assessee has shown total withdrawals of Rs. 1,83,000/- and without giving further brake up by the authorities below, we hold ..... X X X X Extracts X X X X X X X X Extracts X X X X
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