9911796707
TMI Blog2023 (7) TMI 228X X X X Extracts X X X X X X X X Extracts X X X X ..... ed, we find that the assessee has been consistently claiming that in absence of full details of Information Report, he was not able to explain the difference. We find that the Information is reported by third party agencies to Income-tax Department and the possibility of wrong reporting cannot be denied - when the assessee was consistently claiming that he is not able to explain the difference in absence of full details of Information Report, either the departmental authorities should have provided full information to assessee to enable him to delve into the difference or else they should have accepted the assessee s simpliciter explanation that difference could not be reconciled in absence of full information. Since the authorities have ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a disallowance of Rs. 5,22,614/- in respect of payments said to have been made through credit card. The assessee contested this disallowance in first appeal but the Ld. CIT(A) did not grant any relief vide order dated 12.07.2017. The assessee then carried the matter in further appeal to ITAT, Indore Bench in I.T.A.No. 616/Ind/2017 whereupon the ITAT remanded the issue back to AO vide para No. 10 of order dated 26.10.2018. In pursuance of ITAT s order, the AO passed a newer assessment order dated 29.09.2021 but, however, he repeated the same addition. Aggrieved again, the assessee carried matter in appeal to CIT(A) but the CIT(A) decided appeal vide order dated 27.01.2023 upholding the AO s order. Now, the assessee has again come in this ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d sum of Rs. 1,06,575/- appearing in Information Report since no details of transactions were revealed by Information Report. However, the AO disregarded assessee s submissions and made disallowance in the hands of assessee on the footing that the expenses were incurred for personal use and not for business. 5. When the matter travelled upto ITAT, Indore Bench in ITA No. 616/Ind/2017, the ITAT remanded the issue back to AO. During proceeding before AO, the assessee re-iterated original submission and also filed a Ledger A/c of Credit Card extracted from the books of Company, copy placed at Page No. 27 to 31 of Paper-Book. Drawing our attention to same, Ld. AR demonstrated that the said Ledger A/c of Credit Card clearly shows the date-wis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s also the documents placed in Paper-Book. After a careful consideration, we find sufficient weightage in the submission of Ld. AR that a total payment of Rs. 4,10,448/- was made by Company and recorded by Company in its books of account which is very much evident from copy of Ledger A/c supplied by Company as detailed in foregoing paragraph. Therefore, the expenditure really belonged to Company and any disallowance, even if to be made on account of personal or non-business nature, could only be made in the hands of Company and not in the hands of assessee. So far as remaining portion of disallowance is concerned, we find that the assessee has been consistently claiming that in absence of full details of Information Report, he was not able ..... X X X X Extracts X X X X X X X X Extracts X X X X
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