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TMI Blog2015 (12) TMI 1413X X X X Extracts X X X X X X X X Extracts X X X X ..... ort "the Act". 2. This appeal raises following grounds:- "Your appellant being dissatisfied with the order passed by the Assessing Officer presents this appeal against the same on the following amongst other grounds. 1.0 The order passed by the Assessing Officer is bad in law. The order is contrary to the provisions of law and the facts of your appellant's case. The order passed by the learned Assessing Officer be cancelled and/or suitably modified. 2.0 The AO erred in framing the order without following directions of the Income tax Appellate Tribunal. The assessing officer ought to have complied with directions of the Income tax Appellate Tribunal. The order framed without following the directions is bad in law and be quashed. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... owed as per the provisions of law. 5.0 The assessing officer erred in making disallowances of expenses incurred wholly and exclusively for the purpose of the business. The expenditure was incurred in accordance with the provisions of law and the said expenditure is deductible while computing the total income. The appellant submits that it be so held now. 5.1 The appellant submits that the disallowance made by the assessing officer in any event is excessively high. The appellant submits that appropriate relief be allowed as per the provisions of law. 6.0 The assessing officer erred in making the assessment of the total income in the case of your appellant at Rs. 15,66,759/- which is erroneous in the eyes of law and contrary to the f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . This is the second round of litigation between the parties up to the tribunal. The assessee-firm is in land development business. The department conducted a search dt. 21-09-1995 in cases of its group concerns. This culminated in issuance of a section 158BC notice dated 01-11-1995. The assessee filed its return on 11-12- 1995 admitting income of Rs. 11.5 lacs. The Assessing Officer framed block assessment on 30-09-1996 computing total income of Rs. 15,66,759/-. The assessee filed appeal in the tribunal. A coordinate bench in its order dated 02-01-2006 restored the issue back to the assessing authority for a fresh decision. 5. The Assessing Officer took up consequential proceedings. The case file reveals that the issue involved mainly rel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... th assessee's second argument challenging expenditure disallowance/addition of Rs. 2,14,409/-. The assessment order reads at page 16 that the Assessing Officer has accepted assessee's expenses claimed regarding brokerage, misc. items and the once pertaining to specific payees in question. The assessee takes us to page 74 of the paper book containing names of four parties to have received the same. However, we do not find any vouchers, bills, and other documentary evidence forthcoming from the case file. The same appears to be the reason on Assessing Officer's part in disallowing these expenses. This position continues before us as well. We uphold the Assessing Officer's corresponding findings and hold that the assessee has not been able to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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