TMI Blog2013 (10) TMI 646X X X X Extracts X X X X X X X X Extracts X X X X ..... ble - He has made an addition on estimate basis without pointing out the specific shortcomings - when the AO has not been able to point out the specific defects, the addition in this regard is not sustainable - the orders of the authorities below set aside – Decided in favour of Assessee. - ITA No. 1940/Del/2012 - - - Dated:- 11-10-2013 - Shri Shamim Yahya And Shri C. M. Garg,JJ. For the Petitioner : Sh. S. N. Nautial Sh. Y. K. Rathi, Advocates For the Respondent : Mrs. Renuka Jain Gupta, Sr. D.R. ORDER Per Shamim Yahya: AM This appeal by the Assessee is directed against the order of the Ld. Commissioner of Income Tax (Appeals)-IX, New Delhi dated 20.1.2012 pertaining to assessment year 2005-06. 2. The grounds raise ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... interest. Ledger accoutn of the subsequent year 2005-06 enclosed." 3.1 AO was not satisfied with the above. He observed that assessee has failed to file confirmation from the party despite sufficient opportunities. Hence, AO held that a sum of Rs. 5,20,000/- was added u/s. 68 of the I.T. Act to the total income of the assessee. 4. Before the Ld. CIT(A) assessee submitted that the assessee has duly submitted the name, address of the creditors and his PAN No.. Ld. CIT(A) also noted that the assessee's contention is that AO also did not issue notice u/s. 131 of the I.T. Act to enquire into the details furnished by the assessee. However, Ld. CIT(A) was not convinced and proceeded to uphold the addition in this regard. 5. Against the abov ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... saction with the assessee. We find that the Hon'ble Apex Court in the case of C.I.T. vs. Orissa Corporation Pvt. Ltd. 159 ITR 78 has held that "In this case, the respondent had given the names and addresses of the alleged creditors. It was in the knowledge of the Revenue that the said creditors were income tax assessees. Their index numbers were in the file of the Revenue. The Revenue, apart from issuing notices under section 131 at the instance of the respondent, did not pursue the matter further. The Revenue did not examine the source of income of the said alleged creditors to find out whether they were creditworthy. There was no effort made to pursue the so called alleged creditors. In those circumstances, the respondent could not do any ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under the head vehicle running and maintenance expenses, assessee claimed an amount of Rs. 1,11,208/-. Assessee was required to produce the supporting bills and vouchers for verification. AO examined the bills, vouchers on test check basis. He noted that in respect of certain expenses bills and vouchers were not produced. Hence, the AO made disallowance of Rs. 25,000/- on estimate basis to cover up the leakage on this account. 8. Upon assessee's appeal Ld. CIT(A) affirmed the addition. 9. Against the above order the Assessee is in appeal before us. 10. We have heard both the counsel and perused the records. We find that AO in this case has not pointed out as to which of the vouchers were not available. He has made an addition on estim ..... X X X X Extracts X X X X X X X X Extracts X X X X
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