Income Tax

Addition made for low house hold withdrawals from capital upheld by ITAT

Addition made for low house hold withdrawals from capital upheld by ITAT rejecting the explanation of of joint family living and expenses

ABCAUS Case Law Citation:
ABCAUS 2492 (2018) 08 ITAT

The instant appeal was filed by the appellant assessee against the order of the CIT(A) in inter alia confirming the addition made by the Assessing Officer (AO) on account of low house hold drawings / withdrawals.

The assessee’s family consisted of four members and no drawing / withdrawal was made from the capital account towards household expenses. The AO, therefore, estimated the household expenses of the assessee and accordingly made addition to the total income of the assessee.

The CIT(A) upheld the action of the Assessing Officer on the ground that although there was household withdrawal in capital account in the immediately preceding assessment year, however, there was no such withdrawal during the impugned assessment year.

The explanation of the assessee that his family is residing in a common house with common kitchen with his brother and the household expenses were met out from his withdrawals was rejected by the CIT(A).

The Tribunal opined that the assessee in the instant case had not shown any withdrawal from his capital account towards household expenses, therefore, the disallowance made by the Assessing Officer and upheld by the CIT(A), did not call for any interference.

Accordingly, the ground raised by the assessee was dismissed.

Download Full Judgment Click Here >>

----------- Similar Posts: -----------
Share

Recent Posts

  • Income Tax

In absence of mala fide intention bank should not be treated as assessee in default

In absence of mala fide intention bank should not be treated as assessee in default for late deduction and deposit…

2 days ago
  • Income Tax

Whether bank account was fraudulently open in the name of assessee is question of fact

Whether bank account was fraudulently open in the name of assessee is question of fact. High Court declined to entertain…

2 days ago
  • Concurrent Audit

SBI Concurrent Auditor Empanelment of Chartered Accountant Firms 2024-25. Last date 18.05.2024

SBI Concurrent Auditor Empanelment of Chartered Accountant Firms for FY 2024-25 SBI Concurrent Auditor Empanelment of CA Firms for FY…

2 days ago
  • Companies Act

Change in the constitution of Appellate Authority for CAs CSs and Cost Accountants

Change in the constitution of Appellate Authority for CAs CSs and Cost Accountants In 2015, the Ministry of Corporate Affairs…

3 days ago
  • VAT

Trade Tax refund withheld beyond stipulated period & adjusted from demand unjustified – SC

Trade Tax Department was unjustified in retaining refund beyond stipulated period and adjusting it against default notices issued subsequently. In…

3 days ago
  • Income Tax

Notice issued u/s 143(2) prior to filing of return of income assessee is invalid

Notice issued u/s 143(2) prior to filing of return of income by the assessee was invalid. Before filing ITR provisions…

4 days ago