9911796707
TMI Blog2017 (10) TMI 242X X X X Extracts X X X X X X X X Extracts X X X X ..... ew that ₹ 1,44,000/- is a meager sum considering the status of the assessee but it was ignored by the lower authorities that by virtue of the status of the Assessee most of his expenses are either free since he is eligible for such privileges and benefits as an Ex MP and Ex MLA or are reimbursed for the same reason. Hence the drawings incurred by him are adequate and the same have been duly shown in the Balance Sheet. We further find that no contrary evidence has been brought on record by the revenue to the averments made by the assessee. In view of the above, the addition in dispute is deleted and ground raised by the Assessee is allowed. - ITA No. 6158/Del/2013 - - - Dated:- 4-10-2017 - SHRI H.S. SIDHU, JUDICIAL MEMBER AND SHRI P ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ; 1,44,000/- as has been declared in his balance sheet. 5. On the facts and in the circumstances of the case the Ld. CIT(A)-VI has erred in holding that agricultural land or agricultural income have not been reflected in the computation part of return of income of the Appellant for the Assessment year 2008-09 for the reason that the computation part of return of income does not provide for any column where such land can be disclosed and moreover it is submitted that in the relevant assessment year, the appellant did not earn any agricultural income and hence the same was shown as NIL in the computation part of return of income of the captioned assessment year. It is further submitted that agricultural and has been duly reflected in th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... total income of ₹ 2,30,024/-. The case was selected for scrutiny and accordingly, notice u/s. 143(2) was issued on 19.7.2010. Detailed questionnaire alongwith notice u/s. 142(1) of the Act was issued on 19.10.2010 fixing the date of compliance on 28.10.2010. In compliance to the notice, the Counsel of the assessee attended the hearing on 12.11.2010. However, no reply to the questionnaire dated 19.10.2010 was furnished by the assessee. He was required to furnish reply to the questionnaire on 22.11.2010. He was also asked categorically to furnish details of house hold expenses and was required to show cause as to why his house hold expenses should not be taken at ₹ 60,000/- per month as there was no withdrawal from his bank accoun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he agricultural land or agricultural income have not been reflected in the computation part of return of income of the Assessee for the Assessment year 2008-09 for the reason that the computation part of return of income does not provide for any column where such land can be disclosed and moreover it is submitted that in the relevant assessment year, the assessee did not earn any agricultural income and hence the same was shown as NIL in the computation part of return of income of the captioned assessment year. It was further submitted that agricultural land has been duly reflected in the Balance Sheet as on 31.03.2008. It was further stated that drawings of ₹ 1,44,000/- shown by the Assessee in his Balance Sheet as on 31.03.2008 is n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that most of the time the Assessee resides at his native place, i.e., a small village in the State of Jharkhand in his owned building where his household expenses are minimum. We further note that assessee has only one dependant member, i.e., wife in his family and hence the entire expenses are not more than ₹ 1,44,000/- as has been declared in his balance sheet. It is an admitted fact that the agricultural land or agricultural income have not been reflected in the computation part of return of income of the Assessee for the Assessment year 2008-09 for the reason that the computation part of return of income does not provide for any column where such land can be disclosed and moreover the relevant assessment year, the assessee did not ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
