TaxTMI 
TaxTMI 
2019 (1) TMI 1456
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.... business of rice trading and dyeing of clothes. The grounds of appeal that have to be adjudicated are as follows:- "1) For that on the facts and in the circumstances of the case, the Ld. CIT(A) was not justified in confirming the addition of Rs. 1,14,720/- made by the AO. on account of alleged discount received from M/s. Dyechem International Pvt. Ltd. 2) For that on the facts and in the circumstances of the case, the Ld. CIT(A) erred in not adjudicating the ground relating to the addition made by the AO to the tune of Rs. 29,681/- on account of alleged discount received from M/s. Delta Chemicals. 3) For that on the facts and in the circumstances of the case, the Ld. CIT(A) erred in not adjudicating the ground re....
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....ified in confirming the addition of Rs. 11,74,341/- made by the A.O. on account of alleged bogus purchase of diesel. 10) For that on the facts and in the circumstances of the case, the Ld. CIT(A) was not justified in confirming the addition of Rs. 4,50,000/- made by the A.O. on account of payments made to Sri Moti Mondal for purchase of diesel. 11) For that on the facts and in the circumstances of the case, the Ld. CIT(A) was not justified in confirming the disallowance of Rs. 60,0001- made by the A.O. on account of accounting charges, by wrongly invoking the provision of sec. 40(a)(ia). 12) For that on the facts and in the circumstances of the case, the Ld. CIT(A) was not justified in confirming the addition of R....
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....International Pvt. Ltd. and has failed to prove the same with documentary evidence. During the course of hearing, the assessee had changed its stand and hence the ld. CIT(A) confirmed the addition in question. We find no infirmity in the same, and hence dismiss Ground No. 1 of the assessee. 6. Ground No. 4 is against an addition of Rs. 7,99,800/-, which is an unreconciled closing stock balance as on 31/03/2010 of a cash credit account with United Bank of India (UBI). The ld. CIT(A), at page 7, last para of his order held as follows:- "The assessee is claiming that the cheque of Rs. 8 lacs was not deposited in the bank by it. However, the bank statements of Cash Credit a/c clearly shows that Rs. 8,00,000/- have been transferred t....
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....(Delhi), where the Hon'ble Court upheld the order of the Agra Bench of ITAT in Rajiv Kumar Agarwal v. ACIT [IT Appeal No. 337 (Agra) of 2013] and held that the insertion of second proviso to Section 40(a)(ia) of the Act is declaratory and curative and hence retrospective in nature. Thus, these two grounds of the assessee are allowed for statistical purposes. 8. Ground No. 7, is against the disallowance of Rs. 1,50,000/-, under the head staff welfare expenses. The assessee submits that this amount was paid to one Mr. Md. Latif by way of two cheques of Rs. 25,000/- each in addition of Rs. 1,00,000/-. It was submitted that Mr. Latif is a local politician and subscription is given for local puja purposes and also the amount has been disal....
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....me of the bills are machine numbered and some bills were without machine printed serial numbers etc. 10.1. The assessee filed an application for admission of additional evidence. The additional evidences are the proof that electricity connection was provided to the assessee in the later part of the year. Thus, it was submitted that the assessee ahd to purchase huge quantities of diesel. It was submitted that the conclusions drawn by the ld. CIT(A) were erroneous and had these doubts been expressed to the assessee and an opportunity been given, they would have clarified the matters before the ld. First Appellate Authority. As no opportunity was given by the ld. First Appellate Authority, on this issue, the assessee has moved an applicatio....