9911796707
TMI Blog2011 (7) TMI 1205X X X X Extracts X X X X X X X X Extracts X X X X ..... nst the order passed by the CIT(A) on 14.03.2011. 2. At the time of hearing, application for adjournment was received on behalf of the assessee on the ground that certain information were yet to be procured. Perusal of the record shows that the assessee had time of two months to prepare her case. The assessee has not given any basis as to what information she was yet to compile even after having ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... his Tribunal. In this view of the matter, Ground No.1 taken by the assessee is dismissed. 5. Ground No.2 taken by the assessee reads as under : "2.That the ld. CIT(A)-II has ignored the facts that all the necessary information regarding expenses debited to P/L a/c had also been provided during the course of assessment (as per the body of order of the AO) and was wrong to the extent in rest ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t checked the same on that date. The counsel also placed reliance in the case of K.K.Steels (India) P.Ltd. V ACIT, ITAT Amritsar Bench reported in (2000) 66 TTJ (Asr) 48 in which it was held that assessment of income has to be fair and reasonable and should not violate the principles of natural justice-AO has to take note of totality of all relevant material available in assessment records of earl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , on appeal, has been reduced to 25% by the CIT(A). In the absence of books of account or evidence establishing the genuineness of the expenses in the totality, the order of the CIT(A) disallowing 25% of total expenses cannot be said to be unreasonable or illogical. In this view of the matter, his order in this behalf is confirmed and Ground No.2 is dismissed. 8. Ground No.3 (wrongly numbered by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... efore set aside. He is directed to adjudicate upon the application seeking admission of additional evidence in terms of the provisions of Rule 46A of the Income-tax Rules. In this view of the matter, his consequential order as contained in para 10.1 of his appellate order is also set aside. The matter is restored to the file of the CIT(A) with the direction to dispose of the issue under appeal as ..... X X X X Extracts X X X X X X X X Extracts X X X X
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