2025 (4) TMI 607

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....vide order dated 06.09.2023 passed for A.Y. 2008-09. 2. The assessee has raised the following grounds of appeal: "1. On the facts and in circumstances of the case as well as law on the subject, the learned CIT(A) has erred in passing ex-parte order without giving reasonable and sufficient opportunity of being heard. 2. On the facts and circumstances of the case as well as law on the subject, the learned CIT(A) has erred in dismissing the appeal without passing speaking order. 3. On the facts and circumstances of the case as well as law on the subject, the learned CIT(A) has erred in confirming the action of Assessing Officer in levying penalty of Rs. 11,35,434/- u/s. 271(1)(c) of the I.T. Act, 1961. 4.....

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.... officer in the assessment order as well the penalty order that the assessee has manipulated ledgers of labour parties in original submission and in submission in response to show cause. In case of weaving job work labour expense parties namely M/s. Chrnni Fashions, M/s. Gandhi Traders, M/s. Heena Weaving Works, Raj Synthetics, Gokani Industries, Nandan weaving Works, S.S. Fabrics, M/s. Suchitra Weaving Works and in the case of purchase parties namely M/s. Vaibhav Prints United Industries, submission given by Assessee was found fake, manipulated and misleading. In case of creditors also the AO observed that the Assessee submitted altered accounts as compared to accounts submitted originally. No attempt was made by the appellant to rubut the....

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....ce the relevant extracts of the order passed by ITAT Surat in assessee's own case for A.Y. 2008-09, wherein the quantum of disallowance was restricted by Tribunal on estimated basis: "...On careful consideration of facts, and having regard with nature of payments and peculiar circumstances, we are of the opinion that it would be interest of natural justice, judicial pronouncements discussed and cited above by the learned counsel for the assessee and considering the turnover is below Rs. 40 lakhs, the disallowance of all payments be restricted to 8% of total turnover. The AO is directed to recalculate the disallowance in respect of disallowance of Rs. 18,27,989/- made under section 40A(3)(a) and disallowance of Rs. 15,45,212/- under....