2020 (1) TMI 830

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....lly correct in its view that the assessee did not submit evidence or material at all before the lower Income Tax authorities in support of its claims for the deductions relating to, operating expenses, the cash deposit in bank and agricultural income. (2) Whether on the facts and circumstances of the case and keeping in view the fact that the assessee had, in fact, submitted written submissions dated 31.01.2017 before the CIT(A) alongwith additional evidences which were admitted by the CIT(A) and further evidence, viz. Confirmatory letter of salary paid during the relevant period submitted before the ITAT, was the ITAT legally and judicially justified in its findings that the assessee did not explain the operating expenses, the agr....

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....8.2015 and duly served by speed post. Notice U/s 142(1) issued on 07.09.2015, 29.09.2015, 05.10.2015 for 14.09.2015, 07.10.2015 and 16.10.2015 but no compliance was made as required vide notices. A show cause notice issued on 15.10.2015 for 21.10.2015 and 09.11.2015 but the fate is same. As the assessee has failed to make compliance of the notices and furnish details as required. Therefore the assessment is completed as under:- Income as per return --- 3,01,370/- Addition (due to non - submission of evidences)   1. Deduction claimed as Operating expenses U/s 57 : 5,94,630/- 2. Deduction claimed as Tution fee : 45,080/- 3. Deduction claimed U/s 80QQB : 1,50,500/- 4. Agricultural Income : 1,50....

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.... of section 57(iii) of the Act. A break-up of the operating expenses has been furnished by him during the appeal proceedings but he has not been able to provide evidences in support of the said expenses. The A.O. has confirmed the above finding after examining the appellant's submission and its annexures. He has commented that deduction of operating expenses of Rs. 5,94,630/- under section 57(iii) is not allowable to the appellant. This finding has not been rebutted by the appellant. In the remand report, the A.O. has also given a finding that the appellant has not been able to provide any evidences during the remand proceedings in support of his explanation about the cash deposit of Rs. 1,90,000/-, as well as about the agricultural inc....

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....ce submitted by the assessee such as salary certificates from his employees. It may not be out of place to mention, at this juncture, that the appellant before us is a Chartered Accountant, as submitted by the learned advocate for the appellant. Notwithstanding the fact that he is a Chartered Accountant, the salary certificates submitted by him as additional evidence before the learned Tribunal were dated 27.09.2017., i.e. post passing of the order of assessment. It is in the backdrop of this fact situation, that the learned Income Tax Appellate Tribunal, Agra Bench did not find any error in the order of the learned Commissioner of Income Tax (Appeals)-I. Relevant portion of the judgment and order dated 12.03.2018. rendered by the learned I....