TMI Blog2014 (1) TMI 854X X X X Extracts X X X X X X X X Extracts X X X X ..... have applied the provision of section 144 of the Act and should have restored to best judgement assessment - Assessing Officer is directed to assess the income of the assessee using 8% NP which would substitute all the additions made by the Assessing Officer – Decided against Revenue. - ITA No. 3233/Del/2012 - - - Dated:- 20-6-2013 - Shri A. D. Jain And Shri Shamim Yahya,JJ. For the Petitioner : Sh. Akhilesh Kumar, Adv. For the Respondent : Sh. Tarun Seem, Sr. D.R. ORDER Per Shamim Yahya: AM. This appeal by the Revenue is directed against the order of the Ld. Commissioner of Income Tax (Appeals), Ghaziabad dated 30.4.2012 pertaining to assessment year 2007-08. 2. The grounds raised read as under:- "1. That the Ld. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ication. In the assessment order, Assessing Officer did not agree with the figure of the sundry creditors given by the assessee. However, he made the additions of Rs. 17,69,469/- being sundry debtors not shown in the balance sheet. Assessing Officer further made the addition in the vehicle expenses amounting to Rs. 56,750/- and also Rs. 24,155/- out of telephone expenses on estimate basis. 4. Against the above order the Assessee appealed before the Ld. Commissioner of Income Tax (A). Ld. Commissioner of Income Tax (A) referred to the assessment order. He observed that the entire discussion and inference made by the Assessing Officer are not in coherence with the final conclusion made. Ld. Commissioner of Income Tax (A) opined that Assessi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cords. We find that in this case the assessee has not provided the books of accounts and vouchers and also not produced the confirmations of balances of creditors / as well as debtors. Assessing Officer has made certain additions by picking up certain figures from the assessee's balance sheet and profit and loss account. The basis of addition as observed by the Ld. Commissioner of Income Tax (A) is not coherent. As such the individual addition made by the Assessing Officer are on estimate basis and cannot be sustained. However, we agree with the finding of the Ld. Commissioner of Income Tax (A) that on the facts and circumstances of the case, Assessing Officer should have applied the provision of section 144 of the Act and should have resto ..... X X X X Extracts X X X X X X X X Extracts X X X X
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