9911796707
TMI Blog2014 (7) TMI 903X X X X Extracts X X X X X X X X Extracts X X X X ..... . The assessee's revised grounds of appeal contain three grounds, of which the first two were not pressed by the ld. Authorized Representative (AR) at the time of hearing, making an endorsement to that effect thereon. The only surviving ground (Gd. 3) is in respect of miscellaneous expenditure, disallowed @ 10%. The disallowance stood made by the Assessing Officer (A.O.) on the ground of want of proof and proper verification - the same having been made per self-drawn vouchers as well as that the expenses are in the nature which would bear a personal element (refer para 6 of the assessment order). The same stood confirmed for the same reasons - the assessee having been unable to rebut the findings by the A.O. Aggrieved, the assessee is in se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dated 01.07.2009) where a similar disallowance stood deleted by the tribunal on the ground that the company, a corporate entity, could not have any personal expenses. 3.2 The Revenue's case rests on the assessee's inability to prove its claims for expenses per satisfactory evidences, so that an assessment toward that inadmissible had necessarily to be resorted to, and which it did at the rate of 10%. 4. We have heard the parties, and perused the material on record. 4.1 We may firstly consider the assessee's reliance on the decision in the case of Meckechnie Exotech Industries Pvt. Ltd. (supra). We are unable to, even as observed during hearing, find any ratio emanating there-from for being adopted in the present case. This is as the mat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... see's explanation with regard thereto, in the assessment order. By one generalized comment, the A.O. has in one stroke summarily applied a common yardstick across all indirect, administrative expenditure classified under a particular grouping (for presentation purposes), without considering the nature of the expenditure and the calibre of the assessee's substantiation thereof; its accounts being duly audited. The assessee claiming proper substantiation, the entire case we find as built on surmise. The nature of the expenditure forming part of the impugned expenditure in the main, on the contrary, suggests otherwise, making it all the more incumbent on the assessing authority to state his case explicitly. As we see it, it is a clear case of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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