2012 (3) TMI 443 - AT - Income Tax

Assessee wins appeal due to lack of verification, AO's conclusions deemed unjustified.

M/s. Shree Krishna Enterprises, Versus The Income-tax Officer,

M/s. Shree Krishna Enterprises, Versus The Income-tax Officer, - TMI Issues Involved:The judgment involves cross appeals by the assessee and the Revenue arising from the order of the CIT(A)-II, Ludhiana, for the assessment year 2007-08.Assessee's Grounds of Appeal:The assessee raised multiple grounds of appeal challenging the CIT(A)'s decisions on various additions made by the Assessing Officer (AO). These include sustaining additions, disallowances, and errors in law and facts regarding expenses and vouchers.Revenue's Grounds of Appeal:The Revenue challenged the CIT(A)'s deletion of an addition on account of discounted sale of E-Top, Recharge Coupons Sims Sale, seeking to set aside the CIT(A)'s order and restore that of the AO.Assessee's Arguments and CIT(A)'s Decision:The assessee's counsel argued that the AO did not verify the books of account and other evidence produced due to the voluminous nature of entries, leading to unjustified conclusions. The CIT(A) restricted disallowances based on lack of verification, ultimately allowing the assessee's appeal on all grounds.Conclusion:After hearing both parties and reviewing the record, the ITAT Amritsar held that the AO's initial addition was reduced in remand proceedings due to lack of verification. The AO's failure to verify the books of account meant the CIT(A)'s conclusions were unjustified. As the assessee had produced documentary evidence, the AO was not justified in making any additions. Consequently, the ITAT allowed the assessee's appeal and dismissed all grounds of the Revenue.Result:The appeal of the assessee was partly allowed, while the appeal of the Revenue was dismissed by the ITAT Amritsar.