2023 (1) TMI 364

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..... come of appellant. 2. That CIT(A) has erred by not verifying the approval by Addl. CIT under section 151 which apparently gives the impression that the AO has typed the satisfaction note of approving authority in approval form, thus the action was without proper approval and satisfaction of approving authority independently. 3. That CIT(A) has erred by confirming the action of AO who assessed the income by disallowing the expenses against tuition income as against the escaped income as mentioned in his reason. The reassessment proceedings are not tenable in the eyes of law as has been held in the cases of CIT vs. Jet Airways Ltd. 331 ITR 236 (Mum) and Ranbaxy Laboratories Ltd. vs. CIT 336 ITR 136 (Delhi). 4. That CIT(A) has erred by c .....

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..... Rs. 12,43,500/-. On examining the return of income filed by the assessee, the Assessing Officer noticed that against the income earned from tuition, the assessee has shown expenditure of Rs. 9,68,500/-. Noticing this fact, the Assessing Officer called upon the assessee to prove the expenditure claimed of Rs. 9,68,500/- through supporting evidence. However, as alleged by the Assessing Officer, despite sufficient opportunities being granted to the assessee, he was unable to furnish proper supporting evidences to prove the expenses claimed of Rs. 9,68,500/-. Accordingly, he disallowed the expenses of Rs. 9,68,500/- by treating it as bogus and added back to the income of the assessee. Though, assessee contested the aforesaid disallowance befor .....

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..... Assessing Officer apparently has accepted the explanation of the assessee regarding the source of deposits in the bank account, since, he has not made any addition in the assessment order with reference to the cash deposits made in the bank account. However, on examining the return of income he found that against the tuition income the assessee has claimed expenses of Rs. 9,68,500/-, the genuineness of which, according to the Assessing Officer, the assessee failed to establish through supporting evidence. Thus, ultimately while completing the assessment the Assessing Officer treated the expenditure claimed as bogus and disallowed it. This is the only addition made by the Assessing Officer while completing the assessment. From the aforesaid .....

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