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TMI Blog2015 (10) TMI 1586X X X X Extracts X X X X X X X X Extracts X X X X ..... and in law, the order of the CIT(A) is wrong, perverse, illegal and against the provisions of law which is liable to be set aside; 2. On the facts and circumstances of the case and in law, the ld. CIT(A) has erred in deleting the addition of Rs. 1,07,87,357/- out of total addition of Rs. 1,67,64,815/- made by the AO without going into the facts of the case though no such submission relied upon the ld. CIT(A) were made before the AO during the assessment proceedings which is also in contradiction of Rule 46A(3)(1)." 3. Apropos the said grounds we have heard arguments of both the sides and carefully perused the relevant material placed on record, interalia, assessment order, impugned order, paper book of the assessee spread over 197 pages ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t any basis and without going into the facts and circumstances of the case. The ld. DR further drawn our attention towards paragraph no. 12 & 13 of the impugned order and submitted that no such submission as relied upon the CIT(A) were made before the AO during the assessment proceedings that the customer advances apparently represented the sales made by the assessee company. 5. The ld. DR strenuously contended that the CIT(A) was not justified in holding that as per accounting principles the true and correct income which could be taxed in the hands of the assessee company would be after deduction of relevant expenses as shown by the assessee only during first appellate proceedings. The ld. DR pointed out that the CIT(A) went on to conside ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the liability on account of customer advance on 31.03.2007 in the balance sheet and also reflected the expenditure under the head "current assets". The ld. Counsel of the assessee submitted that the expenses towards cost of land and land development charges was to be allowed and total income was to be computed after allowance of such expenses. However, the ld. Counsel fairly accepted that these submissions and explanation was not raised before the AO and the CIT(A) did not call any remand report from the AO and the AO was not also provided due opportunity to comment upon these explanation and submissions of the assessee. 7. On careful consideration of above submissions of both the sides at the very outset, we note that the assessee raised ..... X X X X Extracts X X X X X X X X Extracts X X X X
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