Income Tax

Addition for inadequate drawings deleted as assessee was vegetarian, residing at small town

Addition for inadequate drawings deleted as the assessee was vegetarians and non alcohol, residing at small town with no luxurious life such as Health Clubs, star hotels etc.

ABCAUS Case Law Citation:
ABCAUS 2816 (2019) (03) ITAT

The Revenue had filed the instant appeal against the order of Commissioner of Income Tax (Appeals) in deleting the addition made on account of inadequate drawings.

In the assessment made u/s 153 A r.w.s 143(3) of the Income Tax Act, 1961 (the Act) the Assessing Officer had made addition towards inadequate drawings at Rs. 52,000/- for the reason that the drawings shown for the members of the appellant group was too low compared to the size of the family and style of living.

The CIT(A) accepted the contentions of the after considering the following reasons:  

  1. The assessee and his family members had agricultural lands to the extent of more than 50 acres from which rice, vegetables, milk, ghee etc. were obtained.
  2. Residential house was their own and there were no rental payments.

iii. The place where assessee was residing was a small town where there was no luxurious life such as Health Clubs, star hotels etc.

iv There was no extra ordinary entertainment or any other outlet for any affluent expenses.

v. Being Jains, the assessee and his family members were vegetarians and shun alcohol.

vi The search did not yield any material to show that there was any extravagant expenditure to support the Assessing Officer’s contention of a high life style.

Accordingly the CIT(A) deleted the additions.

Finding no reason to interfere, the Tribunal dismissed the appeal of the Revenue.

Download Full Judgment Click Here >>

Share

Recent Posts

  • GST

Assignment of leasehold rights not amount to supply of service under GST Act.

In a recent judgment, Bombay High Court held that assignment of leasehold rights for consideration would not amount to supply…

1 hour ago
  • ICAI

ICAI revises criteria for empanelment of organizations to impart industrial training

ICAI revises eligibility criteria for empanelment of organizations to impart industrial training (Effective from 1st January, 2026) The Council of…

5 hours ago
  • Income Tax

Date of digital signature and issue determines date of a notice u/s 148 of Income Tax Act

Date of digital signature and issuance determines the date of a notice u/s148 of the Income Tax Act - ITAT…

2 days ago
  • DGFT

DGFT authorises IACCIA to issue Certificate of Origin (Non- Preferential)

DGFT authorises IACCIA to issue Certificate of Origin (Non- Preferential) w.e.f. 9th January 2026 In exercise of powers conferred under…

2 days ago
  • Income Tax

Net profit rate may not have variation commensurate to increase of turnover

Net profit rate may not per se experience variation commensurate to the increase of turnover. In a recent judgment, Allahabad…

2 days ago
  • Excise/Custom

Mushroom growing apparatus cannot be classified as ‘agricultural machinery’

Mushroom growing apparatus cannot be classified as ‘agricultural machinery’ under Customs Tariff Heading 8436. In a recent judgment, Hon'ble Supreme…

3 days ago