9911796707
TMI Blog2015 (5) TMI 889X X X X Extracts X X X X X X X X Extracts X X X X ..... e Tribunal, the assessee did not make any attempts to file the same as additional evidence. In these circumstances, we uphold the order of the CIT(Appeals) on this issue. - Decided against assesse. Reimbursement of foreign tour expense disallowed - Held that:- the credit card statement evidences purchase of air tickets from Indian Airlines on 20.11.2008, 23.12.2008 and 26.4.2008. As to how these purchases of air ticket is linked with the visits of the assessee to Sri Lanka, China, Hongkong and Bangladesh is not clear. There is no evidence filed by the assessee to show that these expenses were reimbursed by the employer. In these circumstances, we are of the view that the claim made by the assessee was rightly rejected by the CIT(A). - De ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ticed that the assessee had deposited cash amounting to ₹ 34,89,699 in his SB account with ICICI Bank. Since the source of funds for the aforesaid cash deposit in the bank account remained unexplained, the AO added the same to the total income of the assessee. Besides the above, a deduction of ₹ 67,524 claimed under Chapter-VIA of the Act was also denied for want of evidence to substantiate the eligibility for claim of deduction. The AO ultimately determined the total income of the assessee as follows:- Income returned : 4,44,990 Add: Deduction claimed under Chapter VIA: 67,524 Add: Unexplained cash credits : 34,89,699 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4. Out of the above sources, the CIT(Appeals) accepted the explanation of the assessee with regard to availability of cash of ₹ 2,75,000 on account of sale of jewellery and a sum of ₹ 1 lakh towards savings from salary. The remaining availability of source of cash was disbelieved by the CIT(A). Aggrieved by the order of CIT(A), the assessee has preferred the present appeal before the Tribunal. 5. Grounds No. 1 2 regarding challenge to order u/s. 144 of the Act were not pressed and are therefore dismissed as not pressed. 6. The remaining grounds are only with regard to the various items of source of cash which were disbelieved by the CIT(A). We will deal with each of the items of source of cash as explaine ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ok for the period from 1.4.2007 to 31.3.2008 has also not been filed. In such circumstances, we are of the view that the assessee has miserably failed to prove the opening cash balance as claimed by him. We therefore agree with the conclusions of the ld. CIT(Appeals) on this issue. (ii) Drawings from credit cards - Rs.1,50,000 (iii) Loan on credit cards - Rs.2,00,000 10. As far as the source of ₹ 3.5 lakhs in respect of the above sources are concerned, the assessee has filed only cash book from 1.4.2008 to 31.3.2009. In the cash book, there is a section showing credit card expenses. According to the assessee, the credit card expenses shows ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iven by remanding the issue to the AO. 13. We have considered the submissions of the assessee and are of the view that the order of CIT(Appeals) has to be upheld. As we have already noticed, the assessee has filed cash book from 1.4.2008 to 31.3.2009 and the same is placed at pages 7 to 13 of the assessee s paperbook. Copy of the capital account ledger is placed at pages 14 to 39 of the Assessee s paper book. Pages 21 to 23 contain classification in the cash book under the head credit card expenses . The entries made at pages 21 to 23 are not supported by the credit card statement and therefore the claim of the assessee that the cash withdrawals using credit card were repaid by cheque issued from the assessee s bank account and therefor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the assessee to be a sum of ₹ 2,43,000. The details are given in Annexure-I to this order. The assessee has also filed before us the details of foreign trips undertaken by him which are as follows:- Date of visit (from to) Country visited Date of purchase of airticket through credit card 1 28.4.2008 to 01.05.2008 Sri Lanka Up and down air ticket purchased on 26.4.2008 2 2.12.2008 to 5.12.2008 China/ Hongkong Up and down air ticked purchased on 20.11.2008 3 2.1.2009 to 09.1.2009 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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