TMI Blog2012 (7) TMI 409X X X X Extracts X X X X X X X X Extracts X X X X ..... n the remand proceedings with the banks statements and he was satisfied. The difference between these payments and the total expenses has been accepted by the assessee as an addition which pertains to personal expenses - no point of unexplained expenditure - in favour of assessee. - ITA No. 1821/Del/2012 - - - Dated:- 22-6-2012 - SHRI RAJPAL YADAV AND SHRI B.C. MEENA JJ. Appellant by: Shri Satpal Singh, CIT(DR) ORDER PER RAJPAL YADAV: JUDICIAL MEMBER The revenue is in appeal before us against the order of Learned CIT(Appeals) dated 14.02.2012 passed for assessment year 2008-09. The following grounds of appeal project the grievance of the revenue as under: On the facts and circumstances of the case, the CIT(A) ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Income-tax Act, 1961. Learned Assessing Officer has made an addition of Rs.24,85,929 in the total income of the assessee. The discussion made by the learned Assessing Officer in this connection reads as under: The assessee was once again required to represent his case on 24.12.2010 vide show cause dated 21.12.2010 by giving final opportunity. These notice also served upon the assessee by speed post. It was clarified in show cause that assessment would be made ex parte u/s. 144, in case of non compliance of show cause notice. But again neither anybody attended the proceeding nor any application for adjournment was received till date. Under the circumstances as stated above when the assessee has not been cooperating and the assessm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee that he has incurred Rs.36,71,768 through his various credits cards and out of this amount a sum of Rs.35,96,331 was spent on making payments for diesel to various petrol pumps. Learned CIT(Appeals) has observed that in the remand report, Assessing Officer, has verified these payments with the bank statement. The discussion made by the Learned CIT(Appeals) reads as under: The A.O. objected to admission of additional evidences at the appellate stage on the grounds that ample opportunity was provided to the appellant during the assessment stage. However, as regards the merits of the additional evidence, the A.O. submitted in the last paragraph of his remand report dated 30.01.2012 that the payments made through credit cards have ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o Rs.36,71,768. Even the A.O. has accepted the verified the credit card statements and the bank statements of the appellant. It is clear from the summary provided by the appellant himself that out of these expenses Rs.35,96,331 have been spent on account of diesel purchased for trucks. Only Rs.75,437 represents personal expenses of the appellant through credit cards which remain unaccounted and which should be added back to the income of the appellant. Therefore, addition amounting to Rs.75,437 is sustained and the balance amount of Rs.24,10,492 stands deleted as the same is explained by additional evidences placed on record . 5. On due consideration of the findings recorded by the Assessing Officer, the grounds of appeal filed before us ..... X X X X Extracts X X X X X X X X Extracts X X X X
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