TMI Blog2016 (1) TMI 1495X X X X Extracts X X X X X X X X Extracts X X X X ..... wances from the books of accounts of the assessee. Revenue s appeal is dismissed. - ITA No. 410/Kol/2012 - - - Dated:- 20-1-2016 - Shri N.V. Vasusdevan, Judicial Member And Shri Waseem Ahmed, Accountant Member For the Appellant : Shri Uday Kr. Sarkar, JCIT-DR. For the Respondent : Shri V. N. Purohit, FCA. ORDER PER Waseem Ahmed, Accountant Member :- This appeal by the Revenue is against the order of Commissioner of Income Tax (Appeals)-XX, Kolkata dated 26.12.2011. Assessment was framed by DCIT, Circle-33, Kolkata u/s 143(3) of the Income Tax Act, 1961 (hereinafter referred to as the Act ) vide his order dated 23.12.2010 for assessment year 2008-09. 2. Solitary issue raised by Revenue in this appeal is t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... IT(A) who deleted the addition made by AO by observing as under:- 9 I have perused the assessment order. I have also considered the submissions made on behalf of the appellant and the judicial pronouncements relied upon. The AO has mentioned in the assessment order that there has been non-compliance on the part of the appellant. But the, he has made the assessment u/s. 143(3) without bringing any adverse material or evidence on record I find merit and substance in the argument that, even while making a best judgment assessment u/s. 144, the AO does not possess absolute arbitrary authority to assess any figure he likes. Even if the circumstances of the case called for resorting to estimating the income of the appellant, such estimation ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 7. Shri V.N.Purohit, Ld. Authorized Representative appearing on behalf of assessee and Shri Uday Kr. Sarkar, Ld. Departmental Representative appearing on behalf of Revenue. 8. We have heard rival submissions and perused the materials available on record. The Ld. DR relied on the order of Assessing Officer. The ld. AR submitted two sets of paper books which are running pages 1 to 34 and 1 to 113 and also cited case laws. Before us the ld. AR submitted that all the expenses claimed by the assessee are duly supported with the necessary documents and incurred for the purpose of business only. Regarding the expenses of material purchase the assessee before us submitted the complete details of the parties along with addresses, description ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the ground of non-availability of the supporting documents. However we find from the submission and records that the expenses are in agreement with the earlier year expenses. No disallowance of such expenses has made in the earlier year assessment orders. The ld. AR has explained all the expenses and submitted the necessary supporting details in the form of paper book which is placed on record. The AO failed to point out the specific disallowances from the books of accounts of the assessee. We also find from the order of Hon ble Supreme court in the case BrijBhushan Lal Parduman Kumar v. CIT (1978) 115 ITR 524 (SC) and head note reproduced below:- Assessment Best judgment assessment Income estimate Basis thereof Necessity of re ..... X X X X Extracts X X X X X X X X Extracts X X X X
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