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TMI Blog2013 (10) TMI 258X X X X Extracts X X X X X X X X Extracts X X X X ..... ellate Tribunal ('the Tribunal' for short) dated 30th June 2011. For the assessment year 2005-06, following questions have been presented for our consideration : "(A) Whether the Appellate Tribunal is right in law and on facts in deleting the addition of Rs. 61,21,033/- made on account of law gross profit? (B) Whether the Appellate Tribunal is ri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... interfere with the order of the learned CIT(A) in deleting the addition. The AO merely gone by the fact that there was a fall in the gross profit rate as compared to the preceding assessment year which itself is no ground to reject the books of account of the assessee. No specific defect in the maintenance of the books of account by the assessee has been pointed out AO. The AO further noted that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eal of the revenue. The same is accordingly, dismissed." From the above, it can be seen that the entire issue is based on appreciation of evidence on record. No question of law, therefore, arises particularly when the Commissioner (Appeals) as well as the Tribunal concurrently held in favour of the assessee. Issue No. 2 pertains to the additions made by the Assessing Off ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as not connected with the business activity of the assessee. The AO has not pointed out which of the expenditure were not admissible in law. In the absence of any pointing out in admissible expenses, the AO cannot make addition merely by comparing the expenditure with the preceding year's expenditure. The learned CIT(A) on proper appreciation of the facts and material on record rightly deleted the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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