TMI Blog2012 (9) TMI 1012X X X X Extracts X X X X X X X X Extracts X X X X ..... idered to be bogus or any shortcoming in the vouchers in this regard was observed by the Revenue. Under the circumstances, we hold that estimated addition without any basis cannot be sustained. In this regard, the case law relied upon by the assessee in the case of the ITO vs. Lake Palace Hotels and Motels (P) Ltd [1981 (11) TMI 77 - ITAT CALCUTTA-A] is germane. In this case, it was held that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e order of the Ld. Commissioner of Income Tax (Appeals)-XXIII, New Delhi dated 05.3.2012 pertaining to assessment year 2008-09. 2. The grounds raised read as under:- 1. On the facts and circumstances of the case, the order passed by the Ld. Commissioner of Income Tax (A) is bad both in the eye of law and on facts. 2(i) On the facts and circumstances of the case, the Ld. Commissioner of I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es leave to add, amend or alter any of the grounds of appeal. 3. In this case Assessing Officer observed that personal element in some of the expenses cannot be denied and hence 10% of these expenses are disallowed and added back to in the income of the assessee. Thus Assessing Officer added ` 1,72,941/- being the expenditure incurred on travelling expenses, Diwali expenses and telephone expen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ddition on account of travelling expenses was totally based on surmises and conjectures. Assessing Officer has not brought on record any cogent basis as to why this expenditure was to be disallowed. It is not the case that expenditure was considered to be bogus or any shortcoming in the vouchers in this regard was observed by the Revenue. Under the circumstances, we hold that estimated addition wi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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