TaxTMI 
TaxTMI 
2018 (2) TMI 519
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....ssessee and partly allowed the appeal of the Revenue. 3. Brief facts of the case are that the assessee is a company incorporated on 31.7.2007 and engaged in the business of handling transportation, lifting and placing various mobile tower etc. since incorporation. The return of income was filed declaring income at Rs. 9,77,596/-. In the assessee's appeal the ground was against sustaining addition of Rs. 15,49,118/- made on account of unexplained case credit under Section 68 of the Income Tax Act, 1961 (for short 'the Act'). The case of the assessee that Mrs. Purnima Tiwari has advanced unsecured loan of Rs. 15 lakhs by account payee cheques. She is assessed to tax since 1987-88. During the assessment as well as in appeal proc....
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....In the revenue's appeal in ground No.1 and 2 the issue involved is against deleting the addition of Rs. 50,58,257/- made on account of receipts not recorded in the books of accounts. the assessee has shown Rs. 4,89,35,480/- as gross receipts in its return of income, whereas the gross receipts as per Section 26AS were Rs. 5,40,54,451/-. As the assessee company has failed to file any justification during the course of the hearing regarding the difference of Rs. 51,18,971, an addition of Rs. 51,18,971, have been made by the assessing officer. 6. In an appeal the ground of the assessee was that in books the total receipt shown in profit and loss account was only Rs. 4,89,35,480/- out of which transportation and hosting receipt is Rs. 4,8....
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....nbsp; Service Tax show separately Rs.24,60,293/- Escort charge shown separately Rs.16,92,767/- Handling charges written bock Rs.5,49,743/- Transportation charges written back Rs.4,73,951/- Rs.51,76,754/- Net receipts Rs.4,88,16,984/- 5.2. Both service tax and escort charges on net basis are shown separately in profit and loss a/c. Copy of ledger a/c of handling charge written back and transportation charges written back is also furnished. Appellant has itself admitted an unexplained difference of Rs. 60,714/- in the figures of sales which as per books of accounts are Rs. 5,39,93,738/-& as per form no.26AS they are Rs. 5,40,54,452/-. Hence out of addi....
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.... the order passed by the CIT (Appeal) and came to the conclusion that the CIT (Appeal) has granted relief to the assessee on the ground that the voucher prepared by computer and handwriting and entry made therein were narrated and uphold the order passed by CIT(A). In respect of ground the finding recorded by the learned ITAT in para 9 and 10 are as under :- "9. In ground nos.3 and 4 the issue raised is against deleting the disallowance of Rs. 37,24,120/- made on account of disallowance out of certain expenses on the basis of discrepancies found therein. 10. We have heard both the sides. The learned CIT(A) granted the relief to the assessee by holding as under :- 7. Third ground of appeal is against addition of Rs....
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....earned ITAT has deleted the addition of Rs. 37,24,120/-, which was on the basis of nine sample vouchers furnished during the appellate stage whereas, the dis-allowances were made on a specific discrepancies found therein. The sample voucher furnished by the assessee should not have been taken by the learned CIT (A) as true representative of the issue and the matter must have been referred back to the Assessing Office for re-examination and reverification to ascertain whether the sample vouchers were real. She submitted that the aforesaid relief was made in violation of Rule 46A of the ITA Rules, 1960. Thus, no opportunity of being heard has been given to the Assessing Officer under Rule 46A before admission of these additional evidences, wh....