AI OCR 
TaxTMI 
TaxTMI 
TaxTMI 
2018 (1) TMI 321
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.... 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. 26AS by not appreciating the explanation given by the a....
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....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 commission. Therefore, he pleaded to sustain the addition. 10. After hearing both the side....
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....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 looking the work of administration, bank and also looking after the project at Hisar and to Prem Bai of R....
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....ed 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 assessee that cars were given to the members working under the MTM plan so that they make more efforts to join other members so that....
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....artapur 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 maintenance of the car was to be borne by these members. It is for this reason that no expenditure with reference to running and maintenance of the car is claimed by the assessee. By providing the cars to these persons, the commission ....