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2018 (2) TMI 1710 - AT - Income TaxAddition on account of sundry creditors - no compliance of the notice u/s 133(6) - Held that:- No exercise has been done so as to virtually see what is the outcome of notice issued under section 133(6) nor any enquiry or possible efforts were made by the Assessing Officer regarding the same. The disallowance was made only for the reason that there was no compliance of the said notice under section 133(6) of the Act by M/s Larsen & Toubro Limited. We have also to understand the practical position of the fact that M/s Larsen & Toubro Limited doing huge business in India will always as expected to keep their books of account proper and transactions perfect. It is seen that all the transactions are made through banking channel. The Department has not doubted the genuinity of the transactions, therefore, we are of the considered view that as for the facts discussed hereinabove, there is no infirmity with the findings of the ld. CIT(A) in deleting the addition Disallowances of expenses claimed by the assessee under various heads - CIT-A restricted part disallownace - Held that:- Since the assessee is a proprietorship concern, the element of personal use of telephone and vehicle cannot be ruled out. But we find that the disallowances made by the Assessing Officer are on higher side and the disallowance restricted by the ld. CIT(A) to the extent mentioned above are quite reasonable and, therefore, we find no infirmity in the order of the ld. CIT(A) in restricting the disallowances to the extent mentioned. Revenue appeal dismissed.
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