2013 (3) TMI 54

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....f 30 days in filing the appeal is hereby condoned. ITA No.287 of 2012 & ITA No.298 of 2012 This order shall dispose of two appeals preferred by the revenue under Section 260-A of the Income Tax Act, 1961 (for short 'the Act') arising out of the orders dated 28.3.2012 passed by the Income Tax Appellate Tribunal, Amritsar (for short 'the Tribunal") in ITA No.127/(ASR)/2011 and ITA No.311/(ASR)/2011 relevant to the assessment year 2007-08. The assessee, is distributor of a mobile service provider and in the course of its activity has claimed distribution expenses. The Assessing Officer rejected the books of accounts and disallowed the distribution expenses of Rs. 1,07,36,450/-. Pursuant to an order passed by the Commissioner of Income....

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....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 of entries. The A.O. preferred to verify the small amount in respect of M/s Mohindra Telecome, M/s Majestic Communication, Moga.   In case the AO does not verify the books of account produced before him, the AO then is not authorized to come to the conclusion adverse to the assessee. So the learned CIT (A) without any basis or cogent material on record has observed that the assessee did not appear and has not submitted the expenses in relation to the sales of various E-top, Recharged Coup....