TMI Blog2013 (12) TMI 529X X X X Extracts X X X X X X X X Extracts X X X X ..... M. Pavalan,JJ. For the Appellant : Dr K. Shivram For the Respondent : Shri Dipak Kumar Sinha ORDER Per Dr. S.T.M. Pavalan, JM : This appeal filed by the assessee is directed against the order of the Ld.CIT(A)-30, Mumbai dated 31.08.2010 for the Assessment Year 2006-07. 2. In this appeal the assessee has raised the following grounds: "1. On the facts and circumstances of the case the Ld.CIT(A) has erred in confirming the addition of Rs.17,34,482/- being the difference of commission as per Profit Loss Account and TDS certificate. 2. The Ld.CIT(A) has further erred in not appreciating the fact that the appellant has passed off major portion of commission received to his clients and has produced all the relevant documen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ness of travel and business filed the return of income declaring a total income of Rs.39,80,524/-. In the assessment made u/s 143(3), the AO determined the total income at Rs.38,69,680/- and made additions of Rs.17,34,482/- and Rs.20,23,004/- respectively, on account of difference in commission and a business income out of gains on shares as against the claim of the assessee treating the later as short term capital gain. On appeal, the Ld.CIT(A) confirmed the order of the AO. Aggrieved by the impugned order, the assessee is in appeal before us. 5. At the outset, the additional grounds no. 7-9 are purely legal in nature and go to the root in relation to the assessability of the impugned amounts. The same do not require verification of new ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 29 of the ITAT Rules, 1963 to admit the additional evidence in the Paper Book-I from page 15-63, 80-89 and 96-143. On the other hand the Ld.DR has relied on the orders of the Ld.CIT(A) and AO in support of the Revenues case. 7. We have heard both the parties and perused the material on record. It is observed that due to paucity of time and bonafide belief, the Ld.AR was not in a position to file the relevant materials before the AO in support of the claim of assessee. Nevertheless, when the assessee has relied upon the additional evidence in the first appellate proceedings, we are of the view that the same ought to have been admitted when the Ld.CIT(A) has been relying on remand report on the additional evidence filed by the assessee. Co ..... X X X X Extracts X X X X X X X X Extracts X X X X
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