TaxTMI 
TaxTMI 
2024 (3) TMI 476
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....dition made in respect of unexplained expenditure amounting to Rs. 4,73,865/- be added. Appellant craves leave to add, amend, alter or withdraw any grounds of appeals." 3. At the outset, we observe that the appeal is time barred by 91 days. Before us, the Counsel the assessee submitted that the appeal in filing was delayed due to order and countrywide lockdown due to corona pandemic and a prayer was made that in the interest of justice since the assessee has a good case on merits, the delay in filing of appeal may kindly be condoned. Looking into the instant facts, we are hereby condoning the delay in filing of appeal, in the interest of justice. 4. The brief facts of the care are that the assessee company, M/s. Bhavani Energy Solutions....
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....ed fact that the impugned expenses have not been accounted for in the books of accounts. Further, the explanation of the assessee that these expenses were first incurred by the employees at respective sites, which were subsequently reimbursed by the assessee to employees is also not acceptable since the assessee has not filed confirmation from the employees to whom reimbursement was made. Further, the assessee has also failed to show any entries of reimbursement in his books of accounts. Accordingly, Ld. CIT(Appeals) confirmed the addition in the hands of the assessee, with the following observations: "Brief facts of the case are that during the course of survey some diaries and loose paper file were impounded which contained entries of e....
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....ook. In these facts and circumstances, the contentions of assessee lack any credence or merit. The same are therefore rejected. Ground of appeal is dismissed. 7. For statistical purpose, the appeal of the assessee is to be treated as dismissed." 7. The assessee is an appeal before us against the said additions confirmed by Ld. CIT(Appeals). Before us, the counsel for the assessee submitted that the assessee has maintained regular books of accounts and relevant documents for the year under consideration. The books of the accounts of the assessee have been duly audited under Section 44AB of the Act, and no defects have been found in the books of accounts of the assessee. With regards to the additions made by the AO, the assessee submitted ....
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.... of business. Further, the DR are also placed reliance on the observations made by Ld. CIT(Appeals) which are to the effect that the assessee has also not been able to file any confirmation by the employees to show that they had incurred the expenses, which were later reimbursed by the assessee company. Further, DR also submitted that the assessee he has also failed to show entries of reimbursement in his cashbook as well. Accordingly, it was submitted that the CIT has correctly confirmed the additions, looking into the instant facts. 9. We have heard the rival contentions and perused the material on record. In the case of Yadu hari Dalmia4 Taxman 525 (Delhi), the High Court held that even though Section 69C came into force with effect fro....