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2016 (1) TMI 1256 - AT - Income TaxDisallowance of various expenses on adhoc basis - Held that:- Assessment order was framed u/s 144 as the assessee did not appear before the Assessing Officer in spite of service of various notices as the assessee did not turn up to file the details asked by the Assessing Officer, even on granting final opportunity for 26/11/2010, the assessee merely filed certain documents which were not sufficient. Ultimately, ex-parte assessment was framed by the Assessing Officer. The assessee did not furnish the details of receipt of commission/brokerage, claim of expenses in his profit and loss account, necessary details with respect to sundry creditors etc. Even before this Tribunal, the registered AD letter, sent by the Registry was return un-served. It is noted that in the absence of necessary details ad-hoc disallowance was made by the Assessing Officer to the tune of broadly 10% of the total expenses/claim. It is noted that wherever, relief could have been given, the ld. Commissioner of Income Tax (Appeals) has already granted relief such as difference in total receipt as per TDS certificate and profit & loss account. Under the facts, to cut short the matter and to avoid litigation, by keeping in view, the principle of justice, the adhoc disallowance is restricted to 8% against 10% made by the ld. Assessing Officer, thus, the appeal of the assessee is partly allowed.
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