2016 (5) TMI 1581

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....is an individual, who is engaged in the business of transportation and handling work under the name and style of his two proprietary concerns M/s. Sree Durga Roadways' and M/s. Shree Balaji Roadways'. The return of income for the year under consideration was filed by him on 30.09.2008 declaring total income of Rs.11,73,490/-. In the said return, expenditure on account of Truck hire charges paid was claimed by the assessee to the extent of Rs.17.29 crores and Rs.2.77 crores in case of his two proprietary concerns M/s. Shree Durga Roadways' and M/s. Shree Balaji Roadways' respectively. During the course of assessment proceedings, the claim of the assessee for the said expenditure was examined by the Assessing Officer and on such examination, ....

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....ssessment order that the issue of submission of Forms 15-I & 15-J have not been doubted by the A.O. Copies of these forms submitted before me show the addresses of the owners. Under the circumstances, I do not see what prevented the A.O. from making his enquiries based on the material on record. I do not see it to be the AO's case that the enquiries made by him have thrown doubts on the appellant's  contention. Neither have the books of accounts submitted before him drawn on any adverse comments from the A.O. Under the circumstances, I fail to see the rationale for an estimated disallowance on this issue. No basis for the quantum of estimated disallowances made by the AO is available on record. Under the circumstances, I am unable to a....