2022 (5) TMI 354

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....,237.00/- of debit note issued by the assessee in the name of Abhinav Steel Pvt. Ltd. abnd Amba Shakti Ispat Ltd. respected. 2. Because, the ld. Commissioner of Income Tax (A) was not justified to confirm the said addition though the appellant was already submitted the conformetry stamen of account duly signed by the parties and without consider the fact the Ld. CIT(A) has confirmed the said addition which is not justified in the light of juridical judgment. 3. Because, the Ld. Commissioner of Income Tax (A) was not justified to disallow the coal Exps Rs. 1,69,818.00/- out of the total exps debited to the p/L Account. The said exps. Has duly been disallowed by the AO only on lumb-sumb basis. 4. Because, the appell....

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....of debit notes. The AO thus made a total addition of Rs. 9,95,237/- on this account. The assessee challenged the action of the AO before the CIT(A) but could not succeed. 3. Before the Tribunal the Ld. AR of the assessee has submitted that due to the shortage of time, the AO has made the addition in haste without even asking the assessee to furnish the confirmation of the debit notes issued in respect of the purchasers. He has further submitted that the assessee furnished the confirmation of accounts from these purchasers, which are not considered by the CIT(A) while confirming the addition made by the AO. He has referred to the confirmation of accounts placed at Page No. 2 to 7 of the written synopsis filed by the assessee. Thus, the Ld....

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....n, which is also mentioned by the AO in the assessment order at the bottom of Page No. 2. Before the CIT(A) the assessee submitted the confirmation of the purchasers regarding the debit notes on account of loss in transit however, the CIT(A) has confirmed the addition made by the AO in Para 5 as under: "5. I have considered the submissions of the appellant and have gone through the fact of the case. The appellant has not been able to satisfactorily explain the discrepancies pointed out be the AO with respect to debit notes issued to Abhinav Steel Pvt. Ltd. Amba Shakti Ispat ltd. Further discrepancy with Heinz Pvt. Ltd. amounting to Rs. 14,265/- has also not been explained. The submission of copies of accounts of these person in the....

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....asonable. The AO was not satisfied with the reply of the assessee and noted that the assessee has received coal of 1,05,721/- MT and soled coal quantity of 1,04,591/- MT during the year under consideration. Applying the rate of 20/- per MT as Coal Handling charges on the purchased quantity of 1,05,721/- MT. the AO arrived to the amount of Rs. 21,14,420/- only as against the claim of 22,84,236/-. Consequently, the AO made the addition of the differential of Rs. 1,69,816/- on account of disallowing the coal handling expenses. The assessee challenged the action of the AO before the CIT(A) but could not succeed. 8. Before the Tribunal the Ld. AR of the assessee has submitted that the AO made ad-hoc disallowance on account of coal handing exp....