2013 (3) TMI 54

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....ellant(s). JUDGMENT C.M. No.30249-CII of 2012 in ITA No.287 of 2012 Application is allowed as prayed for. C.M. No.31482-CII of 2012 in I.T.A.No.298 of 2012 Application is allowed as prayed for. C.M. No.31483-CII of 2012 in I.T.A.No.298 of 2012 Application is allowed and the delay of 30 days in filing the appeal is hereby condoned. ITA No.287 of 2012 & ITA No.298 of 2012 ....

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....of Rs.25,014/-. The remaining amount was not allowed as distribution expenses. The Commissioner of Income Tax (Appeals), Ludhiana, passed an order restricting the disallowance to 60%. The relevant extract reads as under :- "4.1 As far as, balance addition of Rs.31,68,316/- is concerned, the A.O. in the last paragraph of his report dated 11.02.2011 has stated that looking to the voluminous natur....

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....g:- "10. After hearing the parties and perusal of the record, we are of the view that the A.O. initially made the addition of Rs.1,07,36,450/-, which in the remand proceedings was reduced by Rs.75,68,134/-. It is also not disputed that the A.O. in the remand proceedings did not verify the books of account and other documentary evidences produced by the assessee looking to the voluminous nature ....

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....ilable before this Bench also and, therefore, the AO was not justified in making any addition on this account. The learned CIT(A) is not justified in sustaining any addition on the said account. Therefore, Ground Nos.1 to 3 of the assessee are allowed and all the grounds of the Revenue are dismissed." The revenue has, thus, filed two appeals against the orders passed by the Tribunal. Learned co....