TaxTMI 
TaxTMI 
2023 (11) TMI 1193
X X X X Extracts X X X X
X X X X Extracts X X X X
....ng grounds:- "1. The order passed by the learned Commissioner of Income Tax, NFAC, under section 250 of the Act in so far as it is against the Appellant is opposed to law, weight of evidence, probabilities, facts and circumstances of the Appellant's case. 2. The appellant denies himself to be assessed at Rs. 3,13,27,530/- as against the returned income of Rs. 22,59,870/- for the assessment year 2018-19 on the facts and circumstances of the case. 3. Grounds on merits of the matter: a. That the authorities below have failed to appreciate that the income from contract business has been estimated under the head 'income from other sources' as the appellant has not maintained any books of accounts o....
X X X X Extracts X X X X
X X X X Extracts X X X X
....l justice on the facts and circumstances of the case. 5. The appellant denies the liability to pay interest under section 234A, 234B and 234C of the Act in view of the fact that there is no liability to additional tax as determined by the learned assessing officer. Without prejudice the rate, period and on what quantum the interest has been levied are not in accordance with law and further are not discernible from the order and hence deserves to be cancelled on the facts and circumstances of the case. 6. The appellant craves to add, alter, amend, substitute, change and delete any of the grounds of appeal. 7. For the above and other grounds that may be urged at the time of hearing of the appeal, the Appellant prays....
X X X X Extracts X X X X
X X X X Extracts X X X X
....s called for. The assessee was given another opportunity on 17.03.2021 to submit requisite documents/information/details with respect to expenses/deductions claimed of Rs. 2,90,67,660. However, the assessee did not respond till the date of assessment. 4. The AO noted that the assessee has received payment of Rs. 4,19,15,171 as reported by Mysore City Corporation in Form 26AS and assessee has split its business income in two parts i.e. Rs. 1,09,92,126 as income u/s. 44AD and rest of the amount of Rs. 3,09,23,045 as income from other sources and claimed expenditure of Rs. 2,90,67,660 u/s. 57. However, the assessee could not produce any document for justifying the claim u/s. 57. Accordingly, the AO disallowed the entire expenditure as claim....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ction No.17/2015 [F.No.225/290/2015-ITA/II dated 09.11.2015 wherein the Board has consistently been advising the field authorities to be fair, objective and rationale while framing scrutiny assessment and has instructed not make high pitched assessment without proper application of mind by the AO. 7. During the hearing, the ld. AR also accepted that the assessee should have offered income under the head Profits & gains of business or profession and the assessee has not maintained books of accounts and also not received audit report from the CA within the specified date. He also submitted that in the previous AYs 2016-17 & 2017-18, the assessee has offered income @ 8% Net Profit and filed return u/s. 44AD. He further submitted that the AO....