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2023 (9) TMI 321 - ITAT DELHIGP rate estimation - Since the factory is closed from 17.09.2013 the Counsel showed his inability stating that all the book of accounts and documents are in the premises and, therefore, could not be produced and AO applied GP rate of 12.8% and made addition - CIT(A) deleted addition - HELD THAT:- It is true that at the assessment stage the assessee did not produce books of account and related documents/ evidences but it is equally true that before the first appellate authorities the assessee submitted all the evidences alongwith books of account. It is an undisputed fact that the CIT(A) called for a remand report directing the AO to examine the book of accounts and other related documents. We find that not only the AO examined the book of accounts alongwith bills and vouchers but also accepted the same. On these facts we do not find any reason to interfere with the findings of the CIT(A). The ground No.1 is dismissed. Addition of miscellaneous expenses - CIT(A) restricted part addition - HELD THAT:- CIT(A) has restricted the disallowance considering the facts of the case to Rs. 3,50,000/- which calls for no interference. Appeal of the revenue is dismissed.
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