No disallowance merely because vouchers was fresh not faded or torn. When self made vouchers not found false, no addition can be made on presumption
ABCAUS Case Law Citation:
ABCAUS 2717 (2019) (01) ITAT
This appeal was filed by the assessee against the order of the Commissioner of Income-tax (Appeals) in sustaining the disallowance of business promotion expenses made by the Assessing Officer (AO).
The AO had disallowed business promotion expenses on the ground that they were supported by self-vouchers, self made vouchers and some third party vouchers, which appeared to have been cooked up.
As per the Assessing Officer, the vouchers submitted appeared fresh, neither faded nor torn. Therefore the AO made the impugned disallowance.
The CIT(A) confirmed the disallowance as non-genuine business promotion expenses on the ground that there was no further supporting documents.
Before the Tribunal, the assessee submitted that all the evidences had been produced, which were in the form of vouchers, and none of the vouchers were found to be false and the disallowances had been made on presumptions.
The Tribunal observed that the disallowances was made by the Assessing Officer and confirmed by the CIT(A) was only on the basis of presumptions whereas an assessment order cannot be made on presumptions and assumptions.
The Tribunal noted that it was not the case that the assessee had not produced vouchers. The assessee had produced them and just because the Assessing Officer suspected the same, there could not be any disallowance.
Accordingly, the ITAT deleted the disallowance made by the Assessing Officer and confirmed by the CIT(A)
Empanelment of General Observers for ICSI Examinations December 2026 ICSI has invited interested members to enroll as General Observers for…
ITAT answers some important and inter-related issues relating to deduction u/s 80IA In a recent judgment, ITAT has dealt with…
Carry forward of loss can not be denied for belated return, it is only the set off in subsequent year…
Where sales are duly recorded in books and VAT returns, to treat it bogus sales, AO must bringing cogent adverse…
Expenses to celebrate Diwali with staff creates a goodwill and, therefore amounts to expenses incurred for the purpose of business…
Section 292BB of the Income Tax Act, 1961 does not preclude Assessee raising objection for non issuance of notice u/s…