2022 (6) TMI 1101

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....ining a part of the addition to the extent of Rs. 2,50,000/- out of Rs. 3,62,607/- made by Ld. ITO on the ground of non-availability of vouchers etc. in support of expenses claimed in books of account. 2. The worthy CIT(A) has erred in partly upholding the action of Ld. ITO as stated in (1) above without appreciating the fact that Ld. ITO has not specifically pointed to any particular voucher or documentary evidence not made available to him. 3. On circumstances and facts of the case, the worthy CIT(A) has erred in not appreciating the fact that the additions made by Ld. ITO were made in a routine & perfunctory manner without application of mind & deserved to be deleted in toto and not in part. 4. The worthy CIT(A) has also erred in r....

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....d by the assessee are reproduced as under: "This is an appeal against the order of the worthy CIT(A), Jammu dated 28-02-2018 for Asstt. Year 2013-14 THE FACTS OF THE CASE: The appellant assessee is a running a business of electric motors & allied items. For Asstt. Year 2013-14, the Ld. ITO completed the assessment under section 143(3) of IT Act. An addition of Rs. 3,62,607/- was made by him to the returned income of Rs. 10,75,020/- & partly upheld by worthy CIT(A) to the extent of Rs. 2,50,000/- NOW THE ARGUMENTS GROUND NOS. 1 to 5 Your Honour- As is a common knowledge, various expenses have to be incurred to run any business. During the assessment proceeding, the Ld. ITO had listed following expenses & added back 10% of the sam....

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....of Rs. 2,50,000/- on mere lumpsum basis which is neither backed by any details or logic but only surmise & conjectures seemingly without going the assessment. Even for argument sake, if sum-total of freight & advertisement 24,13,840/, is taken out of the targeted pool of expenditure, what remains is only 12,12,234/- on which an addition of Rs. 2,50,000/- sustained by worthy CIT(A) is highly unjustified. Secondly the expenses have been wholly & solely incurred for business purposes & need not be added back. Thirdly & most importantly, the books of account of the appellant assessee stand audited u/s. 44AB & the auditor has not pointed any deficiency of vouchers or part of any expenditure attributable to personal benefit. In support of m....