2019 (3) TMI 1301

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.... proceedings initiated under section 271(1)(c) of the Income Tax Act. 3. First we take quantum appeal i.e. ITA No.360/Ahd/2018. 4. Sole grievance of the assessee is that the ld.CIT(A) has erred in confirming the addition of Rs. 32,00,791/- in the total income of the assessee. 5. Brief facts of the case are that the assessee is an individual. He is running a proprietorship concern viz. Shree Sai Creation where he had carried out business activity of embroidery on job work basis. He has filed his return of income on 25.2.2015 declaring total income at Rs. 2,20,000/-. The case of the assessee was selected for scrutiny assessment and notice under section 143(2) was issued and served upon the assessee. On scrutiny of the accounts, it re....

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....stake in the columns of Balance Sheet / Profit & Loss account, he should have inserted wrong TDS credits, which is not the case here. The assessee had a plea to consider his revised figures of balance sheets as well as Profit & Loss account. The said plea cannot be acceded to because there was only one alternate for the assessee to revise his income by filing revised return of income through e-filing mode. The time for filing revised return has already been barred by limitation, the same cannot be considered at the stage of assessment proceedings. There were not more than 9 heads of expenses |n the P & L account columns in the R/lncome, whereas there are approx. 19 types of expenses are shown in the revised P & L produced now. 3.6 Moreov....

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....the assessee. 7. With the assistance of the ld.representatives, we have gone through the record carefully. A perusal of the assessment order would indicate that the ld.AO failed to apply his mind and appreciate the contention of the assessee. He simply disbelieved the contentions and rejected them. The assessee has pleaded that; I have received grossreceipts of Rs. 36,49,230/- from these two concerns, on which TDS was Rs. 36,504/-, but I have explained, such as raw material purchases for carrying out embroidery work. It was a mistake in the balance sheet and other details uploaded by the tax consultant. The AO should have verified these documents and should have arrived at a conclusion whether there could be a profit of Rs. 32,00,791/- o....