ACIT v. Mangaldeep (2022) 216 TTJ 102 / 211 DTR 7 (Surat)(Trib.)

S. 37(1) : Business expenditure-Rejection of books of account-Adhoc disallowance on suspicion and conjectures, without rejecting the books of account not justified. [S. 145]

AO without rejecting the books, disallowed various expenses on percentage basis, on ground that personal element in such expenses cannot be ruled out. On appeal, the Tribunal held that, such disallowance is arbitrary in nature, and not sustainable. Disallowance can be made only if, expenses have no nexus to the business, or if any deficiencies is found in the vouchers, or there is no bill supporting the incurrence of an expenditure. (AY.2015-16)