9911796707
TMI Blog2022 (4) TMI 455X X X X Extracts X X X X X X X X Extracts X X X X ..... order on the following grounds of appeal: "1. The learned CIT(A) has erred in allowing the disallowance of expenditure of Rs. 1,27,391/- on account of Final Settlement Expenses which is bad in law as well as on the facts and circumstances of the case which may kindly be deleted. 2. The learned CIT(A) has erred in allowing the disallowance of expenditures of Rs. 35077/- on account of car and Telephone expenses which is bad in law as well as on the facts and circumstances of the case which may kindly be deleted. 3. The order of the learned CIT(A) is erroneous both in law and on facts. 4. The appellant may be allowed the relief prayed for. 5. The appellant craves leave to add, amend or alter any ground(s) of appeal with due permissio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... substantiate his aforesaid claim for deduction of expense had on an ad hoc basis disallowed 20% of the same i.e. an amount of Rs. 1,27,391/. 6. On a perusal of the orders of the lower authorities, we find that the assessee on being queried as regards the nature of the aforesaid expenditure, viz. "Final Settlement Expenses", had therein submitted that the same was booked at the time of final payment when buyer would retract from the 'payment agreed upon'. It was claimed by the assessee that the aforesaid expenditure could vary each year and was dependent on multiple factors. Observing, that the assesee had failed to discharge the 'onus' that was cast upon him as regards proving the allowability of its claim for deduction of the expenditure ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rt it was categorically observed by the auditor that incurring of the personal expenditure cannot be ruled out. Noticing that the assessee had failed to substantiate its claim that no part of the expenditure in question could be attributed towards personal field of the partners, the Assessing Officerworked out the disallowance @20% of the aforesaid expenses i.e, at an amount of Rs. 35,077/-. On appeal, the CIT(Appeals) finding no infirmity in the view taken by the Assessing Officer upheld the aforesaid disallowance of expenses. 10. We have given a thoughtful consideration to the aforesaid issue in hand, and are of the considered view that as the lower authorities have rightly observed that the personal element qua incurring of the aforesai ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
