Income Tax

Ad hoc disallowance of expenses for personal use of telephone, car deleted in the absence of any finding of fact

Ad hoc disallowance of expenses for personal use of vehicle telephone deleted as AO did not bring any finding of fact against the assessee on record-ITAT

ABCAUS Case Law Citation:
ABCAUS 2413 (2018) 07 ITAT

The instant appeal was filed by the assessee against the order passed by the CIT(A) in confirming the ad hoc disallowance made by the Assessing Officer assuming personal use of telephone, car etc.

The AO observed that the assessee had debited a huge amount towards expenses on account of telephone, travelling and conveyance, vehicle expenses and repair and maintenance. The AO noted that in the computation of income no amount on account of personal use of the assets/facilities by the assessee and their family members had been added back by the assessee.

The AO was of the opinion that the issue of non-business use of these expenses could not be ruled-out completely. Therefore he disallowed 1/10th of the expenditure and made the addition.

The assessee challeneged the addition before the CIT(A) as highly unreasonable. However the addition was confirmed.  

The Tribunal opined that the addition was wholly unjustified as the AO had not pointed out as to which was personal expenditure incurred by the assessee and merely because no amount had been added back by the assessee for personal use was no ground to make adhoc addition.

The ITAT opined that if the AO wanted to disbelieve the explanation of assessee, he should have brought some finding of fact against the assessee on record. Otherwise, on mere presumption adhoc addition was not justified.

Accordingly, the addition was set aside.

Download Full Judgment Click Here >>

Share

Recent Posts

  • Income Tax

Penalty u/s 270A deleted as AO failed to mention the relevant clause the case fall

Penalty u/s 270A deleted as AO failed to mention under which clause the case of the assessee fall. In a…

2 hours ago
  • Income Tax

Income by deploying ex-servicemen as security guards not business activity

Income of section 25 company by deploying ex-servicemen as security guards was not business activity. In a recent judgment, Kerala…

1 day ago
  • Income Tax

Draft assessment order cannot give rise to any enforceable demand 

In absence of a valid final assessment order passed within statutory time frame, draft assessment order cannot give rise to…

2 days ago
  • Income Tax

No disallowance u/s 43B if expenditure not claimed in Profit and Loss Account

No disallowance u/s 43B can be made if expenditure has not been not claimed by the assessee in Profit and…

3 days ago
  • Income Tax

Assessee developing infrastructure facility of Govt. not contractor for denying 80IA deduction

Whether an assessee developing an infrastructure facility of Government is a contractor and ineligible for claim of deduction under Section…

4 days ago
  • Income Tax

Jurisdictional PCIT/CIT to condone delay in filing Form No. 10A for Registration u/s 12A

Jurisdictional Principal Commissioner of Income-tax or Commissioner of Income-tax to condone delay in filing Form No. 10A for Registration u/s…

4 days ago