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TMI Blog2014 (7) TMI 855X X X X Extracts X X X X X X X X Extracts X X X X ..... d the proportionate expenses on diesel and payment to Truck owners as hire charges ought to have been allowed on the excess turnover. 2. In confirming the addition of Rs. 5,70,585/- the Ld. CIT (Appeals) grossly erred on facts and in law in firstly arbitrarily including the turnover of April & May in the current year only because of a wrong certificate of TDS issued by M/s. Ramgarh Chini Mills and Print to also Rs. 1,17,837/- which was received from Sanghvi Foods (P) Ltd. which was turnover of own Trucks and secondly in case it was to be so included the expenses should have been allowed for diesel, Truck hire charges etc. and thus the addition so confirmed ought to be deleted as the same is not sustainable in law. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... receipts of Rs. 18,51,712/- shown in the profit and loss account and deemed profit on transport business and transport commission has been shown at Rs. 91,000/- and Rs. 1,40,316/- respectively. During the course of assessment proceedings, the Assessing Officer noticed gross receipts as per TDS certificate at Rs. 28,06,336/- and the assessee was asked as to why gross receipts should not be taken at Rs. 28,06,336/- in place of Rs. 18,51,712/-. It was contended before the Assessing Officer that income was calculated as per prevailing practice in the nature of trade. It was also explained to the Assessing Officer that while filing the return of income, the assessee has inadvertently shown the income by applying the provisions of section 44AF o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... figures were obtained telephonically and consequently there was difference in the TDS as obtained telephonically and actually shown in the TDS certificate. The turnover shown by the assessee was in excess. During the course of assessment proceedings, it was contended that the turnover was disclosed inadvertently as per TDS certificate at Rs. 28,06,336/- instead of Rs. 18,51,712/- which was the gross receipts of the year under consideration. 6. It was also contended that the TDS certificate issued to the assessee had wrongly included the figures of April and May, 2007, thus the turnover was shown in excess. It was also contended that TDS of Sanghwavi Foods (P) Ltd. was deducted on the work done by the assessee's truck, of which income is du ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er dated 10.11.2008. Copy of the letter is placed on record. But the Assessing Officer did not examine this contention of the assessee and out rightly estimated the net profit of the assessee. Before the ld. CIT(A), the assessee has all again filed the written submission taking this plea before the ld. CIT(A), but the ld. CIT(A) has also not verified the facts and has rejected the contentions of the assessee. Since the assessee has taken a particular stand during the course of assessment proceedings, the Assessing Officer should have adjudicated the same by making necessary verification. When the assessee has contended that the turnover for the month of April and May, 2007 was included in the gross receipts shown as per TDS certificate, the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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