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TMI Blog2014 (8) TMI 951X X X X Extracts X X X X X X X X Extracts X X X X ..... al evidence or basis and without citing or confronting the assessee with the case of any other similarly placed assessee who declared net profit of 5%. 2. That the learned CIT(A) erred in not considering the fact that a net profit rate of 1.21 % in the case of the appellant himself had been accepted by the same Assessing Officer Sh. Dalip Singh in the immediately succeeding year (A.Y 2008-09) after a thorough scrutiny and after examining the books of accounts. 3. That the learned CIT(A) erred in sustaining the rejection of book results by the AO by observing that the assessee did not produce the books of accounts in spite of repeated opportunities, despite the fact that the books of accounts were never called by the A.O. or the CIT(A) dur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Ld. CIT(A) erred in not considering the fact that a net profit rate of 1.21% in the case of the assessee himself had been accepted by the same Assessing Officer Sh. Dalip Singh in the immediately succeeding year i.e. A.Y. 2008-09 after a thorough scrutiny and after examining the books of accounts. He also submitted that Ld. CIT(A) erred in sustaining the rejection of books results by the AO by observing that the assessee did not produce the books of accounts in spite of the repeated opportunities, despite the fact that the books of accounts were never called by the AO or the CIT(A) during the assessment, appellate and remand proceedings. Ld. Counsel further stated that the AO has not cited any comparable case with regard to the issue in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has made an addition of Rs. 2,47,847/- after allowing the benefit of drawing made by the assessee of Rs. 52,153/-. Ld. CIT(A) in appeal considered the assessment order, remand report and rejoinder thereof and upheld the addition made by the AO. 6. Against the above order the Assessee is in appeal before us. 7. We have heard both the counsel and perused the records. Ld. DR relied upon the orders of the authorities below and requested the same may be upheld. On the other hand, Ld. Counsel of the assessee has filed a Paper Book having pages 1 to 119 containing the documents/evidence filed before the lower authorities viz. written submissions before CIT(A); copy of tax audit report, balance sheet, notices etc. etc. It is the contention of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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