Karpaga Vinayagar Papers v. ACIT (2026) 310 Taxman 585 (Mad)(HC)

S. 28(i) : Business loss-Misappropriated by husband of a partner-Commission-excess or unreasonable-Order of Tribunal disallowing the claim is affirmed. [S.37(1), 40A(2), 260A]

Assessee-firm claimed Rs.11,35,879 as commission. Assessee later stated that said amount was misappropriated by the husband of a partner, who had shown it as income in his individual assessment. Assessing Officer disallowed the claim, holding it excessive or unreasonable under section 40A(2). Tribunal affirmed the order of the Assessing Officer. On appeal, the Court held that  since there was no documentary evidence to substantiate the claim of commission, the Assessing Officer was justified in disallowing the expenditure as excessive or unreasonable; further, since no evidence was let in to substantiate alleged misappropriation, nor had the mode of misappropriation been specifically explained by the assessee anywhere, the alleged misappropriation could not be claimed as a valid expenditure or loss.(AY. 2001-02)

Leave a Reply

Your email address will not be published. Required fields are marked *

*