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TMI Blog2014 (5) TMI 657X X X X Extracts X X X X X X X X Extracts X X X X ..... n if the said purchase of painting was found to be unproved /unexplained - payment against purchase of painting was made by the assessee company by cheque and the same was duly reflected in its books of account – the order of the CIT(A) is upheld that the addition made by the AO on account unproved purchases of painting was not sustainable – Decided against Revenue. - I.T.A. No. 5768/Mum/2011 - - - Dated:- 9-5-2014 - Shri P. M. Jagtap (AM) And Dr. S. T. M. Pavalan (JM),JJ. For the Appellant : A. C. Tejpal For the Respondent : Shri Jahangir Mistry and Madhur Aggarwal ORDER Per P. M. Jagtap, AM: This appeal is preferred by the revenue against the order of ld. CIT(A)-38, dated 24.3.2011 whereby he deleted the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the assessment completed u/s 143(3) r.w.section153A of the Act vide order dated 30.12.2009. 3. Against the order passed by the AO u/s 143(3) r.w.s. 153A, the appeal was preferred by the assessee before the ld. CIT(A) and after considering the submissions made on behalf of the assessee as well as material available on record, the ld. CIT(A) deleted the addition made by AO on account of unproved purchases of painting for the following reasons given in para 4.2 of his impugned order which read as under : 4.2 I have carefully examined the facts of the case, stand taken by the AO in the assessment order, written submissions filed and other contentions raised by the ld AR of the appellant during the appeal proceedings. The appellant has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nder consideration was not engaged in the business of trading in paintings and no deduction was claimed by it on account of expenses incurred on purchases of painting which was treated by AO as unproved /unexplained. At the time of hearing before us, the ld. DR has not been able to controvert or rebut this position. As rightly held by ld. CIT(A), when no deduction was claimed by the assessee on account of purchases of painting, addition could not be made to the total income of the assessee even if the said purchase of painting was found to be unproved /unexplained. Moreover, payment against purchase of painting was made by the assessee company by cheque and the same was duly reflected in its books of account. We, therefore, find ourselves i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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