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TMI Blog2017 (10) TMI 242X X X X Extracts X X X X X X X X Extracts X X X X ..... he Appeal of the Appellant. 2. On the facts and in the circumstances of the case the Ld. CIT(A)-VI has erred in not considering the reasons and contentions mentioned in the Grounds of Appeal and subsequent Written submissions filed before him by not appreciating the fact that the Appellant being an Ex-MP and Ex-MLA, most of his household expenses are free since he is eligible for the same. 3. On the facts and in the circumstances of the case the Ld. CIT(A)-VI has erred in not considering the fact that most of the time the Appellant 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. 4. On the facts and in the circumstances of the case the Ld. C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts and in the circumstances of the case the Ld. CIT(A)- VI has erred in holding that Rs. 1,44,000/- is a meager sum considering the status of the appellant but has ignored the fact that by virtue of the status of the Appellant 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. 8. That the Appellant craves the leave of the Hon'ble Tribunal to add, alter or amend any of the grounds of appeal at the time of hearing." 3. The brief facts of the case are that in this case Notice u/s. 142(1) of the Income Tax Act, 1961 (hereinafter refe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sment order dated 02.12.2010, the assessee appealed before the Ld. CIT(A), who vide his impugned order dated 11.9.2013 has partly allowed the appeal of the assessee. Aggrieved with the impugned order the assessee is in appeal before us. 4. During the hearing, Ld. A.R. of the assessee, has stated that the assessee being an Ex-MP and Ex-MLA and most of his household expenses are free since he is eligible for the same, which reduced the expenditure of the assesee. He further stated 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. It was further stated that assessee has only one dependant member, i.e., wife in his fami ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for the same reason. Hence the drawings incurred by him are adequate and the same have been duly shown in the Balance Sheet. It was the further contention that no contrary evidence has been brought on record by the revenue to the averments made by the assessee to support his plea. In view of the above, he requested that the addition in dispute may be deleted. 5. On the contrary, Ld. DR opposed the request of the Ld. Counsel of the assessee and relied upon the orders of the authorities below. 6. We have heard both the parties and perused the records, especially the orders of the authorities below. We note that assessee being an Ex-MP and Ex-MLA and most of his household expenses are free since he is eligible for the same, which reduced the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... levant period. Keeping in view of the facts and circumstances of the case, we are of the considered view that Rs. 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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