TaxTMI 
TaxTMI 
2018 (1) TMI 321
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....n this case, a search and seizure operation U/s 132(1) of the Income Tax Act, 1961 (in short the Act) was carried out on 08/6/2011 at the different premises of Dr. Anish Maru Group. The assessee is one of the concern of this group. The assessment U/s 143(3) read with Section 153A of the Act was finalized on 10/3/2014 at an income of Rs. 6,97,050/-. The ld. CIT(A) has partly allowed the appeal of the assessee. 4. Now the assessee is in appeal before ITAT by taking following grounds of appeal: "1. The ld. CIT(A) has erred on facts and in law in confirming the addition of Rs. 2,03,404/- on account of difference between commission income of Rs. 5,63,670/- shown in P&L account and commission income of Rs. 7,67,074/- shown in Form No.....
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....he ld AR of the assessee has reiterated the submissions as made before the authorities below. He was asked to explain the difference on the basis of documentary evidence but he has shown his inability to do so. He simply repeated the pleadings made before the lower authorities and submitted that the revenue should explain the difference as assessee had not receipt certain amounts, which are mentioned in Form 26AS. He pleaded that the other concerns are also assessed by the same A.O. 9. On the other hand, the ld CIT DR has relied on the orders of the authorities below and pleaded that the onus is on the assessee. The receipt of commission is from the group concern only and the assessee's Director is common with the Director of payer of co....
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....e vouchers and bills so produced by the appellant. Such defect includes over writing, were prepared on the last day of finalization of accounts etc. the A.O. has even scanned some copies of vouchers in the order. I am of the firm view that appellant has manufactured voucher etc. for making such claim. The observation of the A.O. is unrebutted even at the appeal stage. The addition of Rs. 2,26,863/- is confirmed. Ground No. 2 is hereby dismissed." 12. The ld AR of the assessee has reiterated the submissions as made before the authorities below. He has also submitted that the matter may be restored back to the file of the Assessing Officer for verification as the amount includes the salary paid to Shri Sitaram of Rs. 1.20 lacs, who is look....
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....of car cannot be ascertained. The appellant's claim that vehicles are used exclusively for business use is not proved beyond doubt. Under these facts and circumstances the addition of Rs. 2,94,838/- is confirmed." 16. Now the assessee is in appeal before the ITAT. While pleading on behalf of the assessee, the ld AR has submitted as under: 1. The assessee company derives income from commission for MLM activities. It declared net profit of Rs. 78,23,406/- on commission receipt of Rs. 85,91,151/-. 2. The AO on examination of the profit & loss account observed that the assessee has claimed depreciation on four cars purchased during the year but expenses on petrol, repairs, driver salary etc. is not claimed. The claim of ass....
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.... Ganesh Confectionery , Sant Talkies Road, Mahavir Puram, Nai Basti, Firozabad (UP) Car Ford Figo Smt. Sanjana Kanwar W/o Sh. Padam Singh Ranawat Village - Partapur Tehsil - Garhi Distt. - Banswara (Rajasthan) Car Verna Smt. Mangi Devi Sharma W/o Sh. K.C.Sharma 15-C, R.C. Vyas Colony, Near UIT Garden, Bhilwara (Rajasthan) Car Squirepio Sh. Khushi Ram Vaishnav Naionka Mohalla. Village - Kawas Tehsil - Kekdi Distt. - Ajmer (Rajasthan) It is for this reason that assessee purchased the car and provided the same to above persons. Assessee has only borne the expenditure on insurance, interest on car loan and the depreciation. The expenditure on running and maintenanc....
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....nce, this appeal of the assessee's appeal stands allowed for statistical purposes. 19. ITA No. 801/JP/2017 In this appeal, the only issue involved is confirming the disallowance of depreciation on car of Rs. 1,83,578/-, interest on car loan of Rs. 1,74,022/-, car insurance of Rs. 18,535/- and vehicle repairing expenses of Rs. 6,559/- aggregating to Rs. 3,82,694/-. The ld. CIT(A) has decided this issue by holding as under: "5. I have perused the order of the A.O. and submissions made in this regard. The observation of the A.O. that no income from commission etc. have been declared as vehicles were not used for business. This finding remain uncontroverted at the appeal stage. The factual finding by the A.O. being correct the ad....