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TMI Blog2019 (9) TMI 1708X X X X Extracts X X X X X X X X Extracts X X X X ..... e expenses qua to the income. But it does not apply to each and every kind of income. For example, in case the assessee has invested his own fund in the bank account and earning interest income thereon. Then, there cannot be any claim of the expenses against such income. Yet, if the assessee claims any expense against such income, then the onus lies on the assessee to justify such expenses based on the documentary evidence. The provisions of section 57 of the Act requires that the expenditure against the income from other sources will be deducted provided it is not in the nature of capital expenditure and laid out or expended wholly and exclusively for the purpose of making or earning such income. Thus, it is the duty of the assessee to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 4. The Ld. CIT(A) has erred in law as well as on facts in not considering that the Ld. A.O. has not provided material available with him and utilized against the assessee. The assessment thus made is in violation of principles of natural justice and deserves annulment following the guidelines issued by the Hon. Supreme Court in 249 ITR 216 (SC). 5. The Ld. CIT(A) erred in not considering that there was error by the Ld. A.O. in not giving any notice against propose determination of total income as made by him and thereby violated the principals of natural justice. 6. The Ld. ClT(A) has erred in not considering that by not giving any notice against propose determination of total income as confirmed by him was without providing oppo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... many as 15 grounds of appeal but the effective issue is that the learned CIT-A erred in confirming the disallowance made by the AO in part for ₹ 5,19,863.00 on account of non-furnishing of supporting vouchers. 2. Briefly stated facts are that the assessee in the present case is an individual and has declared the income under the head income from other sources amounting to ₹1,52,620 only. As such the assessee has shown gross income from other sources amounting to ₹6,72,483 and claimed the deduction of ₹5,19,863 against such income. The AO during the assessment proceedings requires the assessee to justify the claim made for ₹5,19,863 against the income from other sources. But the assessee failed to make any re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sessee is in appeal before us. 6. The learned AR before us filed the written submissions stating that the entire amount of expenditure claimed against the income from other sources cannot be disallowed. As per the learned AR, the income cannot be generated without incurring the expenses. Accordingly the learned AR before us claimed to calculate the income on estimate basis. 7. On the other hand the learned DR vehemently supported the order of the authorities below. 8. We have heard the learned DR and perused the materials available on record. The assessee in the instant case has shown gross income of ₹6,72,483 and claimed an expense of ₹5,19,860 against such gross income leaving the balance of ₹1,52,620 under the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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