TaxTMI 
TaxTMI 
TaxTMI 
2015 (2) TMI 317
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....utiny through cess and notice u/s 143(2) was issued on 20/08/2010 and was served upon the assessee. In response to the same Authorized Representative of the assessee appeared from time to time and furnished requisite details/information. 3. After examining the profit and loss accounts and the other details of expenses along with original bills/vouchers debited to the profit and loss accounts the AO finally made the addition of Rs. 1,86,147/- on account of non production of vouchers completed the assessment u/s 143(3) of the Act on 09/06/2011. 4. Ld. CIT, Delhi-VIII, New Delhi examined the accounts of the assessee and found that assessee had debited Rs. 21,91,329/- under the head "sales commission". Out of this amount, TDS had been deducte....
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....eved by the impugned order dated 28/03/2014 passed by the CIT the assessee filed the present appeal. 5. At the time of hearing, ld. Counsel for the assessee stated that the AO has called each and every details of income and expenditures along with various other documentary evidences by issuing a notice u/s 143(2)(i) along with questionnairing fixing the date of the assessee for various occasions. After examining all documentary evidence filed by the assessee the AO has completed the assessment on 09/06/2011 u/s 143(3) of the I.T. Act. But the ld. CIT has wrongly exercised his power u/s 263 of the I.T. Act as the assessment order is neither erroneous nor prejudicial to the interest of Revenue. He further stated that AO has made a detailed e....
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....t details and again the AO asked the assessee counsel to file remaining details. On 07/04/2011 assessee's counsel filed the following details: "07/04/2011 Present Sh. Parveen Goel, Advocate and filed part details. He is asked to file following details: 1. Details of other income 2. Details of following expenses: a) Legal & audit charges b) Photo expense c) Fabrication expenses d) Carpet fair expenses e) Subscription & Fabric expenses 3. Details of Sale Commission paid & TDS thereon. 4. Confirmation of sundry creditors 5. Copy of ledger account of purchase 6. Books of accounts with original bills and the case adjourned for 20.04.2011." 8. After filing the aforesaid details as well as the other documentary evidence the AO adjourn ....
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....ment issued by bank is enclosed in this regard. 4. Confirmation of Accounts of 8 parties (Sundry Creditors) are enclosed. 5. Ledger Accounts of following parties (Purchase) are enclosed: i) Archana Carpets ii) Ideal Carpets Limited iii)Eastern Handicraft 6. Books of Accounts alongwith supported bills and vouchers are produced herewith for your verification. We will be pleased to submit further details and documents after hearing from you. Thanking you, For PRAKASH K. PRAKASH CHARTERED ACCOUNTANTS Sd/- (PRAKASH K. GUPTA) 9. The AO perused the profit and loss accounts and examined all the details of expenses along with original bill and vouchers debited to the profit and loss accounts and finally he found that there are some incom....
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....at AO has not verified all the facts and evidences submitted by the assessee as well as material on record. In our considered view the finding given by the ld. CIT in the impugned order is not as per law and is contrary to the records of the assessee's case and is not sustainable in the eye of law because as discussed above, the AO had made an enquiry before completion of assessment by calling the explanation along with documentary evidence on the issue in disputes from the assessee. Therefore, the impugned order is deserved to be cancelled in view of the decision of Hon'ble Jurisdictional High Court in the case of CIT vs. Sunbeam Auto Ltd., 332 ITR 167 (Del.). The order of the AO cannot be termed as erroneous unless it is not in accordance....