TaxTMI 
TaxTMI 
2021 (4) TMI 5
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....Income tax (Appeals) is contrary to law, facts of the case and material on record. 2. The Commissioner of Income tax (Appeals) is not justified in deciding the appeal against the appellant without affording sufficient opportunity of being heard. Though the appellant could not attend the appeal hearings due to other pressing pre-occupations, his subsequent attempts to meet the CIT(A) on couple of occasions to make oral/written submissions failed due to pre-occupation of the Commissioner of Income tax (Appeals). The CIT(A) could have been more liberal in affording another opportunity before deciding the appeal ex-parte. 3. The Commissioner of Income tax (Appeals) has erred in confirming the disallowance of selling e....
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....case was taken up for scrutiny and during the course of assessment proceedings, the Assessing Officer noticed that assessee has claimed huge expenses under the head other expenses and hence, called upon the assessee to file necessary details of expenditure debited under the head 'other expenses'. In response, the assessee has filed details of expenses including selling expenses, discounts allowed to customers. The Assessing Officer on the basis details filed by the assessee was of the opinion that expenditure debited under the head discount allowed to customers is not supported by necessary evidences. The Assessing Officer further observed that as per Bureau of Indian Standards, a fixed rate has been specified per piece of jewellery....
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.... disallowance of discount allowed to customers without appreciating the fact that similar expenditure was claimed and allowed in earlier years and hence, without there being any change in facts, no disallowance can be made on discount allowed to customers. The AR further submitted that assessee has filed all evidences to prove the expenses, but the authorities below have ignored all evidences filed by the assessee. Therefore, the issue may be set aside to the file of the Assessing Officer to give one more opportunity to the assessee to explain its case. The AR further submitted that as regards recomputation of long term capital gain, it was the case of the assessee before the Assessing Officer that when there is a difference in sale conside....