TaxTMI 
TaxTMI 
2017 (1) TMI 1243
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.... Rs. 17 lakhs holding to be in compliance of directions of Hon'ble Tribunal, Indore Bench order, ignoring the submissions of the assessee and notarised affidavit dtd. 22.02.2010 of the assessee. Hence, these are being considered as one consolidated ground. 3. Succinctly, the facts as culled out from the order of lower authorities are that the assessee, filed her return of income on 31.07.2006 declaring total income at Rs. 1,59,200/- which was assessed under section 143(3) on 29.12.2008 by making addition of Rs. 17 lakhs. The assessee filed appeal before ld. CIT (A) -II, Indore who confirmed the addition. Aggrieved , the assessee filed appeal before tribunal, who set-aside the assessment to the file of the A.O. with following observation:....
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....- and sales during the year shown at Rs. 15, 00,250/- and closing stock shown at Rs. 27,250/-. The assessee claimed salary expenses of Rs. 78000/- and rent of Rs. 20,400/- in P&L a/c. The AO noted that the assessee has not shown any sale bill to substantiate the sale nor any expenses vouchers produced for travelling to Indore and Haridwar. It was also observed that the assessee has filed two books, which were printed in 2001, and 1100 copies each were printed from M/s. Carton and Printers, Indore. The sale value of at Rs. 75 and Rs. 175/- shown according to which sale value comes to Rs. 2,75,000/-. Thus opening stock of Rs. 13, 25,650/- is also not substantiated by the Assessee, nor any cogent proof of sale of Rs. 15, 00,250/- is filed. Hen....
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....atement of the assessee prepared by consolidating the individuals statement of affairs and proprietary concerns balance sheet. The ld. AR also referred the affidavit of the assessee filed on 22.02.2010 before the tribunal wherein she had described the details of authorship, publication and sale of books. She also listed in para no. 2 of name of two books as specimen namely Shri Golakdham Darshan Part-2 and Shrimad Bhagwat Darshan Part-3. The ld. AR thus contended that these books demonstrated the facts narrated in the affidavit. The ld. AR submitted that the assessee has been carrying as the stock of books, which has been shown in preceding year detail of which are filed at Page No. 32 of paper book. The ld. AR also filed a comparative char....
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....by the Assessee. The AO chose not to verify the details mentioned in the books published even though specifically requested to issue summon to publisher. The ld. AR also filed a Certificate from Dr Nikhilesh Shastri, Printer/Publisher of M/s. Cartons & Printers 11 Nandlal Pura Indore, confirming the facts, about printing of books, by the assessee, according to which 7 books were published on behalf of the assessee during the period from1983 to 2003.Therefore, it was urged before us, to consider the submissions of the assessee and addition be deleted. 7. The ld. AR relied on the orders of lower authorities. 8. We have heard the rival submissions and have gone through the orders of the lower authorities, and perused the material availab....
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.... as claimed by the assessee. It is not disputed that the assessee is not maintaining books of accounts, as she is not liable to maintain books of accounts as per provisions of section 44AF. Therefore, how she can be asked to produce the books of accounts or sale bills when she denied to have not maintained the books of accounts. She has claimed that all sale are made in cash through travelling and vising to religious places. In view of such situation, we have no alternative but to believe the sales shown by her in the return of income. We also observe that the assessee had only one bank account with Bank of Rajasthan Ltd., which has been disclosed in her return of income. There is no other bank account nor the AO has find out any new bank a....
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....s, we are of the considered view that the assessee might have been disposed-off the opening stock as on 01.04.2005 during the year, therefore, credit of opening stock or sales affected during the year have to be given. Be that as may be, we have to believe that there was sales made during the year. This view is also fortified with the facts that the assessee has shown sales with return of income for the year under consideration. The assessee has been arguing that source of cash deposits is out of sale proceeds and it has been done by her at Indore and by travelling to Haridwar. The two copies of specimen of books published by her also filed by the ld. A.R. showing that she had been earning her livelihood by selling the religious books only.....