2014 (6) TMI 254

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....t, and giving the relief of Rs.1,91,780/- out of disallowance of commission expenses, by relying upon the assessee's documents and ignoring the facts of the case. 2. The Ld. CIT (A) has erred in admitting the fresh evidences, without calling for any remand report from the assessing officer and without giving an opportunity to the A.O. to verify the contents of the additional evidence given by the assessee before the ld. CIT (A). 3. The Ld. CIT (A) has erred in admitting the fresh evidences, in contravention of Rules 46A of the Income-tax Rules." 2. The facts as per the record are that the assessee is engaged in the business of plying goods carriers and also insurance commission agent business. He has got two trucks for which he has not m....

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....lows:- "I have considered the submission of the appellant and observation of the assessing officer. It is seen that during the year in the bank account of the appellant maintained with Axis Bank and Canara Bank, there were total credit entries of Rs.31,33,731/-. In the assessment order, assessing officer gave credit of Rs.6,07,611/- which was shown as insurance commission receipts and rest of the amount credited in the bank account was treated as unexplained cash credit u/s 68 of the IT Act. During the course of appellate proceeding, the appellant had submitted that he has got two trucks and income from these trucks has been offered u/s 44AE of the IT Act. It is claimed by the appellant that freight receipts received from following parties....

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.... with cheque no. and amount, which tallies with the credit entries appearing in the bank account. These details are placed on record. Since the amount of Rs.25,26,120/- added by the assessing officer was pertaining to freight receipts received from various parties and TDS on the same has been deducted, the same cannot be treated as unexplained deposit in the hands of the appellant. The income pertaining to these freight receipts has been offered by the appellant u/s 44AE of the IT Act of Rs.84,000/-. The appellant has filed the copy of computation of income in support of his contention. The appellant has also filed copies of the registration of the trucks owned by the appellant. In view of the above stated facts, the addition made by the ap....

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....appellant had received total freight receipt of Rs.30,50,697/- out of which, some amount was received in cash, which was given to the driver for incurring expenditure and majority amount was received by way of cheque which was credited in the above mentioned bank account of the appellant. It is claimed by the appellant that the amount of Rs.25,26,120/- treated by the assessing officer as unexplained was pertaining to these receipts only. In support of his contention, the appellant has filed copies of the TDS certificates and details of the payments received from the above parties. The appellant has also given details of the amounts received from the parties and credited in the bank account on a particular date with cheque no. and amount, wh....