2020 (12) TMI 853

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.... ORDER M. Balaganesh, Member (A) This appeal in ITA No. 4309/Mum/2017 for A.Y. 2009-10 arises out of the order by the ld. Commissioner of Income Tax (Appeals)-2, Aurangabad in appeal No. THN/CIT(A)-2/511/2015-16 dated 27/03/2017 (ld. CIT(A) in short) against the order of assessment passed u/s. 143(3) r.w.s. 263 of the Income Tax Act, 1961 (hereinafter referred to as Act) dated 30/03/2015 b....

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....e restored. 4. The appellant craves leave to add, amend, alter or delete any ground of appeal. 3. We have heard rival submissions and perused the materials available on record. We find that assessee is an individual and had filed his return of income for the A.Y. 2008-09 on 30/09/2009 declaring total income of Rs. 8,04,871/-. The assessment was originally completed u/s. 143(3) of the A....

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.... assessee explained before the ld. AO that he followed exclusive method of accounting wherein VAT amounts are excluded from total sales while reporting in profit and loss account. The assessee was asked to submit the proof of payment of VAT to the tune of Rs. 4,26,02,221/-, which the assessee failed to do. Accordingly, the ld. AO treated the difference in turnover in the sum of Rs. 4,26,02,221/- a....

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...., only an amount of Rs. 12,732/- including the amount of interest on delayed payment of Rs. 1,175/- remain to be payable by assessee. The ld. CIT(A) observed that as against this, the sum of Rs. 11,557/- was paid by the assessee on 01/04/2008 and balance of Rs. 1175/- was paid on 22/06/2009. With these details which were filed by the assessee only before the ld. CIT(A) for the first time, the ld. ....