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2011 (1) TMI 1383

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..... . AGARWAL, VICE-PRESIDENT : This is assessee's appeal against the order of the Commissioner of Income Tax(A)-XV, Ahmedabad dated 23.02.2009 arising out of the order of the Assessing Officer passed under Section 143(3) of the Income Tax Act, 1961. 2. In this appeal by the assessee following grounds are raised: "1. That the ld.CIT(A) erred in not accepting the revised return of income furnished .....

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..... 00 in respect of so called vehicle rent received from Dashrathbhai K. Chaudhary without properly appreciating the submission of the appellant." 3. At the time of hearing before us, it is stated by the learned counsel that all the grounds are inter-connected and can be considered together. He submitted that the assessee is deriving income from transport business by plying four tankers. The assess .....

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..... t was well within the time. He further stated that the AO rejected the assessee's books of accounts and made ad hoc disallowance out of diesel expenses, repairing expenses and tyre purchase expenses. The AO also made certain additions with regard to the amount received from Shri Dashrathbhai Chaudhary treating the same as receipt of vehicle rent from him. He claimed that the amount received was re .....

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..... enses. He stated that the order of the CIT(A) should be sustained. 4. We have carefully considered the arguments of both the sides and perused the material placed before us. It is not in dispute that the assessee was plying the goods carriage which were four. Therefore, the number of goods carriages plied by the assessee was well within the ambit of the section 44AE. The AO has rejected the book .....

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