2019 (5) TMI 1644

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....ppellate Tribunal, Amritsar Bench, Amritsar (hereinafter referred to as "the Tribunal") in ITA No. 553/Asr/2016, for the assessment year 2006-07, claiming the following substantial questions of law:- I. Whether under the facts and circumstances of the case, Tribunal findings are unreasonable, while declining the grant of claim for capital expenditure u/s 48(ii) r.w. Explanation (iv), Section 49(1)(iv) while arriving at the chargeability of capital gain u/s 45 of the Income Tax Act, 1961? II. Whether under the facts and circumstances of the case, the principle of law applicable to criminal jurisprudence is distinguishable from law applicable to civil proceedings, since the degree of proof for both the proceedings is distinc....

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....taken prior to the sale by him amounting to Rs. 10,31,906/- (indexed cost Rs. 13,18,399/-) which had been incurred in accordance with the quotation dated 26.6.1996 (Annexure A-2) issued by the contractor. According to the assessee, the dispute related to the disallowance of claim for repairs and renovation qua the indexed cost of Rs. 13,18,399/- before the sale of the property at Railway road and also relating to exemption for investment towards repair and renovations of Rs. 4,95,000/- which were paid through A/c payee cheques to Sh. Kamal Kishore Gupta, in respect of the newly purchased house, the details of which are as under:- Date Cheque No. Amount 08.12.2005 407807 2,00,000/- 18.08.2005 396971 1,45,000/- 1....

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....r Section 143(3) of the Act. The assessing officer rejected the claim of the assessee relating to the issue of expenditure of Rs. 10,31,906/- and also Rs. 5,00,000/- alleged to have been paid to Sh. Kamal Kishore Gupta for improvement/renovation of the newly purchased house. Feeling aggrieved by the order, Annexure A-9, the assessee filed an appeal before the CIT(A) on 22/23.12.2015 (Annexure A-10). The assessee also furnished written pleadings dated 1.9.2016 (Annexure A-11) before the CIT(A). The CIT(A) vide order dated 8.9.2016 (Annexure A-12) partly allowed the appeal by deleting the addition of Rs. 1,00,000/- out of Rs. 5,00,000/- on account of renovation. Against the order, Annexure A-12, the assessee filed an appeal before the Tribuna....

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....icer made the addition of Rs. 10,31,906/- on account of repair and renovation of the property by recording that mere furnishing of quotation was not sufficient to prove that actual renovation was made and the amount had actually been spent. The CIT(A) confirmed the said addition of Rs. 10,31,906/- by observing as under:- "I have considered the submission of the appellant and the assessment order. The appellant had made out a case that, inter alia, original bills of the renovation expenses claimed at Rs. 10,31,906/- were stolen during the theft and filed the copy of the FIR dated 14.07.2008 in support of his claim. For this reason the bills could not be produced before the AO during assessment proceedings. Further, the appe....