Alpeshbhai Rasiklal Lakhani (HUF), Ahmedabad V. Dy. Commissioner of Income Tax,Circle-6, Ahmedabad

ITA 2483/AHD/2015

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 8251 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 2 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-11-2017
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: Not Allotted
• Assessment Year: 2011-2012
• Appeal Filed On: 21-08-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: ANKIT TALSANIA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD C BENC H (BEFORE SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER & SHRI S. S. GODARA, JUDICIAL MEMBER ) ITA. NO: 2483/AHD/2015 (ASSESSMENT YEAR: 2011-12) ALPESHBHAI RASIKLAL LAKHANI [H.U.F.] 24, SATYAM CRYSTAL BUNGLOWS, B/H, RAJPATH CLUB, BODAKDEV, AHMEDABAD- 380015 V/S THE DY. COMMISSIONER OF INCOME TAX, CIRCLE-6, AHMEDABAD (APPELLANT) (RESPONDENT) PAN: AAFHA7058D APPELLANT BY : SHRI ANKIT TALSANIA, AR RESPONDENT BY : SHRI PRASOON KABRA, SR. D.R. ( )/ ORDER DATE OF HEARING : 02-11-201 7 DATE OF PRONOUNCEMENT : 14 -11-2017 PER N.K. BILLAIYA, ACCOUNTANT MEMBER 1. THIS APPEAL BY THE ASSESSEE IS PREFERRED AGAINST TH E ORDER OF THE LD. CIT(A)-13, AHMEDABAD DATED 27.07.2015 PERTAINING TO A.Y. 2011- 12. ITA NO. 2483/AHD/2015 . A.Y. 2011 -12 2 2. THE ONLY GRIEVANCE OF THE ASSESSEE IS THAT THE LD. CIT(A) ERRED IN CONFIRMING THE ADDITION OF RS. 1 LAKH ON ACCOUNT OF LOW WITHDRAWAL FOR HOUSEHOLD EXPENSES. 3. THE UNDERLYING FACTS IN ISSUE SHOW THAT THE ASSESSE E HAS SHOWN WITHDRAWALS FOR HOUSEHOLD EXPENSES TOTALING TO RS. 27,500/- PER MON TH WHICH COMES TO RS. 3,30,000/- PER ANNUM FOR A FAMILY OF FOUR MEMBERS W HICH INCLUDED TWO SCHOOL GOING CHILDREN. THE YEARLY WITHDRAWALS PER HEAD IS RS. 82,500/-. THERE IS NO ADVERSE FINDING IN THE ASSESSMENT ORDER IN RELATION TO ANY SPECIFIC EXPENDITURE INCURRED BY THE ASSESSEE OR HIS FAMILY MEMBERS DURI NG THE YEAR UNDER CONSIDERATION. 4. NOT POINTING OUT ANY SPECIFIC HEAD OF EXPENDITURE W HICH ACCORDING TO THE A.O. WAS DISPROPORTIONATE TO THE YEARLY WITHDRAWALS SHOW N BY THE ASSESSEE, ANY DISALLOWANCE ON ACCOUNT OF LOW WITHDRAWAL FOR HOUSE HOLD EXPENSES CANNOT BE SUSTAINED. WE, ACCORDINGLY DIRECT THE A.O. TO DELET E THE ADDITION OF RS. ONE LAC. 5. APPEAL FILED BY THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN OPEN COURT ON 14- 11- 2 017. SD/- SD/- (S.S. GODARA) (N. K. BILLAIYA) JUDICIAL MEMBER TRUE COPY ACCOUNTANT MEMBER AHMEDABAD: DATED: 14/11/2017 RAJESH COPY OF THE ORDER FORWARDED TO: - 1. THE APPELLANT. 2. THE RESPONDENT. 3. THE CIT (APPEALS) 4. THE CIT CONCERNED. 5. THE DR., ITAT, AHMEDABAD. ITA NO. 2483/AHD/2015 . A.Y. 2011 -12 3 6. GUARD FILE. BY ORDER DEPUTY/ASSTT.REGISTRAR ITAT,AH MEDABAD