2020 (5) TMI 549

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....ing disposed off by this consolidated order for the sake of convenience. However, in order to adjudicate the issue, reference is made to the facts and the issue raised in ITA No.267/Del/2015 relating to Assessment Year 2006-07. 3. The assessee has raised following grounds of appeal:- 1. "Re: Non-Admittance of Appeal by Ld. CIT(A)-XXXI a. As the Department, during the search, had seized jewellery of an amount much higher than the tax and interest liabilities, the assessee had made several requests since admittance of her tax liability to the department to sell the gold seized during the search and appropriate the proceeds towards the required tax demand. The Department has not taken any action in this regard. ....

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.... be corrected. f. The additions made by the Ld. Assessing Officer are baseless, prejudicial, against the principal of natural justice and bad in law." 4. During the course of hearing, Revised Memo of appeal was filed in the name of legal heir, which is taken on record. 5. The first issue raised in the present appeal is against the non-admittance of the appeal by the CIT(A) on the ground that tax liability arising on account of returned income has not been paid by the assessee. 6. The second issue raised on merits is against the disallowance made on account of bank charges as expenses while calculating the interest income for the respective years. 7. The Ld.AR for the assessee pointed out that the assessee had demised on....

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....aised before the authorities below to sell the gold ornaments seized and adjust the sale proceeds against the tax payable by the assessee, but no such exercise was carried out by the Department. Thereafter, the assessee claims that she sold house property and paid the taxes due with interest on returned income before her death during 18.03.2015 to 12.08.2015. The details of payments are as under:- Asst.Year Rs. Paid on Bank BSR Code Challan No. 2006-07 1248624 18.03.2015 Union Bank of India, Punjabi Bagh, New Delhi 0291063 0001 2007-08 1335740 01.05.2015   0001 2008-09 1493210 20.07.2015   0002 2009-10 1085330 12.08.2015   0001 10. In such pec....

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....r making deductions on account of expenses that fulfill the following conditions:- (i) The expenditure must have been incurred solely and exclusively for the purpose of earning income or making profit. (ii) The expenditure should not be in the nature of a capital expenditure. (iii) The amount in question should not be in the nature of personal expenses of the assessee. (iv) The expenditure should be incurred in the accounting year. (v) There must be a clear nexus between the expenditure incurred and the income sought to be earned." 13. The Hon'ble Supreme Court in the case of Seth R.Dalmia vs CIT [1977] 110 ITR 644 (SC) was held that "for allowability of such deduction, the dominant purpose of....