TMI Blog2015 (12) TMI 495X X X X Extracts X X X X X X X X Extracts X X X X ..... s entitled for depreciation at 50%. The crates cannot be included as bottles made of plastic or glass. As such, the lower authorities are justified in restricting depreciation at 15% - Decided against assessee. Addition to the extent of 20% of the cash purchases of old used bottles - Held that:- These are admitted disallowances as cash vouchers are not bearing full address and these are not verifiable. The ld. AR submitted that earlier, gross profit rate and net profit rate was lower than this assessment year. Considering this, we direct the AO to compare the GP and NP of earlier years and if it is so as argued by the ld. AR, the addition to be sustained only to the extent of 5% of cash purchases towards this discrepancies. In other word ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the Assessing Officer is opposed to law, facts and circumstances of the case and the CIT(A) is erred in upholding the same, which are not pressed before us and duly endorsed by the ld. AR. Therefore, these are dismissed as not pressed. 5. The next ground in ITA No.1546/Mds/2015 is with regard to disallowance of addition of ₹ 25,000/- on account of nondeduction of TDS by invoking the provisions of sec.40(a)(ia) of the Act. 6. Admittedly, in this case, the assessee paid audit fee of ₹ 25,000/- without deducting TDS, though the assessee is liable to deduct TDS on this payment. Being so, invoking the provisions of sec.40(a)(ia) of the Act, by the lower authorities are justified and this ground is dismissed. 7. The next ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Commissioner of Income-tax(Appeals) is very unreasonable. 12. On the other hand, the ld. DR relied on the orders of the lower authorities. 13. We have heard both the sides and perused the material on record. These are admitted disallowances as cash vouchers are not bearing full address and these are not verifiable. The ld. AR submitted that earlier, gross profit rate and net profit rate was lower than this assessment year. Considering this, we direct the AO to compare the GP and NP of earlier years and if it is so as argued by the ld. AR, the addition to be sustained only to the extent of 5% of cash purchases towards this discrepancies. In other words, the disallowance should be sustained to the extent of 5% of cash purchases. Wit ..... X X X X Extracts X X X X X X X X Extracts X X X X
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