TaxTMI 
TaxTMI 
2012 (12) TMI 408
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....isallowances of Rs. 36,74,422/ on account of payment of salary as expenses. 2.a. While doing so, the Ld. CIT.(A) failed to appreciate the fact that the assessee has neither carried out any business activity nor established the nexus of the said expenses. 3. The appellant prays that the order of the Ld.CIT(A) on the above ground(s) be set aside and that of the Assessing Officer be restored". ITA/2192/M/11-M.B.Development Corporation- 1. On the facts and in the circumstances of the case and in law, the ld.CIT(A) has erred in deleting the disallowance of expenses of Rs. 1,12,27,810/-. 1.a. While doing so, the ld.CIT(A) erred in appreciating the fact that the assessee's claim of various expenses against the compensation received from M/s. R.M. Bhutter & Co. is only to reduce receipts by book entries. 2. On the facts and in the circumstances of the case and in law, the ld.CIT(A) erred in appreciating the fact that no business connection exist between the assessee and its sister concern nor any services rendered by the assessee to its sister concern. 3. On the facts and in the circumstances of the case and in law, the ld.CIT(A) erred in allowing relief to the assesse....
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....to reduce the profit merely by book entries which are not determinative of taxable income. 5. On the facts and in the circumstances of the case and in law, the ld.CIT(A) erred in allowing relief to the assessee without appreciating the fact that merely comparing the profit ratio and disregarding the above factors, noticed during the course of survey and only nullified by the assessee by way of book entries. 6. On the facts and in the circumstances of the case and in law, the ld.CIT(A) erred in deleting the addition made in the assessee's case by following its own appellate order dt.21.12.2010 in the case of R.M. Bhattad ignoring the fact that the decision of CIT(A) in this case is challenged and the same is subject matter of appeal before this Hon'ble Tribunal. 7. The appellant prays that the order of the CIT(A) on the above ground(s) be set aside and that of the Assessing Officer be restored. 8. The appellant craves leave to amend or alter any ground or add a new ground Which may be necessary" ITA/2194/M/11-R.M.Bhattad- 1."On the facts and in the circumstances of the case and in law, the Ld. CIT(A) has erred in deleting the disallowance of salary of Rs. 1,42,40,8....
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....he facts and in the circumstances of the case and in law, the4 ld. CIT(A) erred in deleting the disallowance of Rs. 32,86,955/- on account of depreciation on closing stock even though no such provision exist in respect of depreciation u/s 32 read with relevant rules and that too made on adhoc basis without any justification." 10. The appellant prays that the order of the CIT(A) on the above ground(s) be set aside and that of the Assessing Officer be restored. 11. Appellant craves leave to amend or alter any ground or add a new which may be necessary." ITA/2275/M/11-M.B.Construction- 1."On the facts and in the circumstances of the case and in law, the ld. CIT(A) has erred in allowing expenditure of Rs. 26,43,861/- on account of legal and professional charges, business promotion, miscellaneous expenses and repairs and maintenance expenses without appreciating the fact that the assessee has failed to substantiate its claim of expenses during the course of assessment proceedings. 2. On the facts and in the circumstances of the case and in law, the ld. CIT(A) has erred in deleting the addition made in the assessee's case by following its own appellate order dtd. 2 1/12/20....
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.... 2. Facts of the case: M/s. R.M. Bhutter & Co., a proprietary concern of Late Shri R.M. Bhattad engaged in the business of making and maintaining the structure for exhibition and mandaps, had filed return of income on 31-10-2006 declaring total income of Rs. 73.41 Lakhs. Assessment was finalised on 31-12-2008 by the AO determining the income of the assessee at Rs. 5.96 Crores. 3. A survey action under section 133A of the Income Tax Act, 1961 (Act) was carried out in the office premises of the assessee Group 17-03-2006. During the survey action, it was found that the assessee had made huge cash expenses in respect of purchases, labour wages and salary paid to employees of its sister concerns. The assessee had maintained day to day cash book as well as books of account for all the transactions entered into every day as the day to day transactions were of huge volume. 3.1 Details of various entities of Bhattad Group, their status and assessments are as under: S.No. Name of the sister concern Status Assessment 01 Hari Construction Firm Protective Assessment 02 Bhattad Brothers Firm Assessment u/s. 144-A of the Act 03 M.B. Development Corporation....