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2015 (8) TMI 1511 - AT - Income TaxDisallowance of expenses @ 20 % and G.P rate - Estimation of income - Difference in VAT account and cash discount - HELD THAT:- On certain issues, relief to some extent could have been granted to the assessee namely reduction of disallowance of expenses @ 20 % and G.P rate could have warranted an interference on facts. It is also seen that the assessee has also not helped its case by placing the relevant facts and submissions on record. Since on a reading of the issues under challenge and how they have been canvassed before the CIT(A and considering the same have been more or less upheld even where a partial relief on facts on record could have been granted it leads to the conclusion that the order passed has been passed with the mindset that the claims necessarily had to be rejected. The fact that the representation on the part of the assessee was also not complete and proper has already been taken note of as the evidences upon which reliance could have been placed and were evidences which the assessee ought to have in its possession has never been brought on record is also coming out from the orders. In view of these peculiar facts and circumstances considering the overall factual background in the interests of substantial justice the impugned order is set aside. The issue is restored back to the file of the CIT(A granting liberty to the assessee to file fresh evidences, if any, in support of its claim. CIT(A), thereafter shall pass a speaking order in accordance with law. Needless to say that it is hoped that the opportunity so provided is not abused by the assessee and a proper compliance is made before the CIT(A). Appeal of the assessee is allowed for statistical purposes.
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