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TMI Blog2019 (5) TMI 1644X X X X Extracts X X X X X X X X Extracts X X X X ..... ar (hereinafter referred to as "the Tribunal") in ITA No. 553/Asr/2016, for the assessment year 2006-07, claiming the following substantial questions of law:- I. Whether under the facts and circumstances of the case, Tribunal findings are unreasonable, while declining the grant of claim for capital expenditure u/s 48(ii) r.w. Explanation (iv), Section 49(1)(iv) while arriving at the chargeability of capital gain u/s 45 of the Income Tax Act, 1961? II. Whether under the facts and circumstances of the case, the principle of law applicable to criminal jurisprudence is distinguishable from law applicable to civil proceedings, since the degree of proof for both the proceedings is distinct pursuant to decision of Iqbal Singh Marwah vs. Meen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 906/- (indexed cost Rs. 13,18,399/-) which had been incurred in accordance with the quotation dated 26.6.1996 (Annexure A-2) issued by the contractor. According to the assessee, the dispute related to the disallowance of claim for repairs and renovation qua the indexed cost of Rs. 13,18,399/- before the sale of the property at Railway road and also relating to exemption for investment towards repair and renovations of Rs. 4,95,000/- which were paid through A/c payee cheques to Sh. Kamal Kishore Gupta, in respect of the newly purchased house, the details of which are as under:- Date Cheque No. Amount 08.12.2005 407807 2,00,000/- 18.08.2005 396971 1,45,000/- 15.10.2005 396980 1,50,000/- Total: 4,95,000/- Beside ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssessee relating to the issue of expenditure of Rs. 10,31,906/- and also Rs. 5,00,000/- alleged to have been paid to Sh. Kamal Kishore Gupta for improvement/renovation of the newly purchased house. Feeling aggrieved by the order, Annexure A-9, the assessee filed an appeal before the CIT(A) on 22/23.12.2015 (Annexure A-10). The assessee also furnished written pleadings dated 1.9.2016 (Annexure A-11) before the CIT(A). The CIT(A) vide order dated 8.9.2016 (Annexure A-12) partly allowed the appeal by deleting the addition of Rs. 1,00,000/- out of Rs. 5,00,000/- on account of renovation. Against the order, Annexure A-12, the assessee filed an appeal before the Tribunal on 23.11.2016 (Annexure A-13). The assessee also submitted the written plead ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the property by recording that mere furnishing of quotation was not sufficient to prove that actual renovation was made and the amount had actually been spent. The CIT(A) confirmed the said addition of Rs. 10,31,906/- by observing as under:- "I have considered the submission of the appellant and the assessment order. The appellant had made out a case that, inter alia, original bills of the renovation expenses claimed at Rs. 10,31,906/- were stolen during the theft and filed the copy of the FIR dated 14.07.2008 in support of his claim. For this reason the bills could not be produced before the AO during assessment proceedings. Further, the appellant relied upon the certificate from architect whose copy was submitted in the paper book. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al expenditure incurred on renovation works in the hotel. In the absence of the bills of material and labour or any proof of having incurred renovation expenditure on the hotel building, the claim of the assessee was rightly rejected by the CIT(A). The Tribunal had further observed that the assessee got various opportunities to substantiate his claim, but he failed to establish his case. 9. In view of the above, no illegality or perversity could be pointed out by learned counsel for the assessee in the findings recorded by the CIT(A) and affirmed by the Tribunal which may warrant interference by this Court. No question of law, much less, substantial question of law arise in the appeal. 10. Accordingly, finding no merit in the appeal, th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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