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2014 (5) TMI 38 - AT - Income TaxDeletion of addition made Inadmissible expenditure Genuineness of expenses incurred under the head advertisement and publicity not proved Cheques issued and equal cash withdrawn Held that:- AO rightly was of the view that the assessee has failed to produce the books of account and given reasonable explanation to justify the nature of its claim, how it qualifies for deduction and how whatsoever evidence is brought on record does substantiate the theory put forth by it - Most of the bills issued by M/s. Ratna Enterprises are in seriatim, cheques issued by the assessee firm which were deposited in the said account of M/s. Ratna Enterprises, were withdrawn of equal amount on the same date, cheques and pay-in-slips have been prepared by one and same person in one hand-writing - the assessee has not rebutted the allegations and facts on record and no material rebutting the findings of the AO have been brought on record before the CIT(A) or before the Tribunal. Free of cost distribution of gifts Held that:- No identity of the customers have been placed on record, either before the AO or before the CIT(A) or Tribunal the payment through cheques by the party is not sacrosanct and furnishing the particulars is not enough Relying upon CIT vs. Precision Finance Pvt. Ltd. [1993 (6) TMI 17 - CALCUTTA High Court] and Kachwala Gems vs. JCIT [2006 (12) TMI 83 - SUPREME COURT] the CIT(A) is not justified in accepting the technical rule of evidence and ignoring the circumstances thus, the order of the CIT(A) set aside Decided in favuor of Revenue. Deletion of expenses on sale promotion Held that:- Since the additions have been deleted in quantum appeal by the CIT(A), and now the quantum appeal decided by the CIT(A) in favour of the assessee has been reversed by the order of even date the order of the CIT(A) will not survive the CIT(A) has not decided the issue on merits thus, the matter is remitted back to the CIT(A) for Adjudication Decided in favour of Assessee.
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