TMI Blog2016 (1) TMI 659X X X X Extracts X X X X X X X X Extracts X X X X ..... making the disallowance and therefore, the same was rightly deleted. - Decided against revenue Addition on account of unverifiable purchases - CIT(A) deleted the addition - Held that:- in the assessment year 2009-10, the Bench has held that the Revenue Authority below has not properly considered the submissions, details, explanation and other relevant documentary evidence and related bills and vouchers, audited books of accounts of the assesse and the AO has made the addition without making any adverse material or facts against the assessee and without rejecting the audited books of account of the assessee. In the present case all the details and submissions of the assessee has been considered by the AO and AO has made the addition only ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es, relyong on his own decision in AY 2009-10 which decision has already been set aside by ITAT. (v) The appellant craves leave for reserving the right to amend, modify, alter, add or forego any ground(s) of appeal at any time before or during the hearing of this appeal. 3. The brief facts of the case are that the Return of income declaring loss of Rs. (-) 2046768/- was filed through e-filing on 24.9.2010 and the same was processed u/s. 143(1) of the I.T. Act, 1961 at the returned income itself. The case was selected for scrutiny on the basis of CASS list for selection of cases for AY 2011-12. Notice u/s. 143(2) dated 25.8.2011 was issued and served upon the assessee. This has been followed up with notice u/s. 142(1) thereafter. In re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (A), who vide impugned order dated 15.5.2015 deleted the addition in dispute and partly allowed the appeal of the assessee. 5. Against the above mentioned impugned order dated 15.5.2015, the Revenue is in appeal before the Tribunal. 6. Ld. DR relied upon the order of the AO and reiterated the contentions raised in the grounds of appeal. 7. On the other hand, Ld. Counsel of the assessee relied upon the order of the Ld. CIT(A) and requested that the same may be upheld. 8. I have heard both the parties and perused the records, especially the orders of the revenue authorities. With regard to ground No.1 relating to disallowance u/s 14A, read with Rule 8D is concerned, I find force in the assessee s contention that in terms of the pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pectfully following the decision of the Jurisdictional High Court in the case of CIT vs. Holcim Pvt. Ltd. (Supra), Ld. CIT(A) has rightly held that the AO was not justified in making the disallowance and therefore, the same was rightly deleted. Hence, I do not see any reason to interfere with the well reasoned order of the Ld. CIT(A), therefore, I uphold the same and dismiss the ground No. 1 , 2 3 raised by the Revenue. 9. With regard to ground No. 4 relating to deletion of addition of ₹ 8,30,000/- made on account of unverifiable purchases, relying on his own decision in AY 2009-10 which decision has already been set aside by ITAT. At the time of hearing, Ld. Counsel of the assessee has stated that the ITAT vide order dated 17.4. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ear 2009-10, the Bench has held that the Revenue Authority below has not properly considered the submissions, details, explanation and other relevant documentary evidence and related bills and vouchers, audited books of accounts of the assesse and the AO has made the addition without making any adverse material or facts against the assessee and without rejecting the audited books of account of the assessee. In the present case all the details and submissions of the assessee has been considered by the AO and AO has made the addition only on the basis of similar addition made in the assessment year 2009-10. Therefore, in the present case the AO is directed to decide the issue on the basis of already documentary evidence filed and verified by ..... X X X X Extracts X X X X X X X X Extracts X X X X
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