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Arvindbhai Chhabildas Zaveri Versus ACIT/DCIT, Circle-4, Surat

Addition u/s 68 - Held that:- Assessee filed the supporting documents on 21.12.2009 and the assessment order was framed on 31.12.2009 without any further communication. After considering the facts and circumstances of the case, we find that proper opportunities have not been provided by the Assessing Officer in this case and the submissions made by the assessee were not fully considered. Therefore, we set aside this issue to the file of the ld. Assessing Officer to decide the same afresh after p .....

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- Held that:- We find that the ld. CIT(A) was justified in upholding the disallowance made by the ld. Assessing Officer for want of verification of proper supporting vouchers/evidences which could not furnished by the assessee to substantiate its claim. Thus, we do not find any infirmity in the order of the ld. CIT(A) - ITA No. 747/Ahd/2011 & 2354/Ahd/2011 - Dated:- 1-5-2017 - SHRI RAJPAL YADAV, JUDICIAL MEMBER AND SHRI AMARJIT SINGH, ACCOUNTANT MEMBER For The Assessee : Shri Rushi Parekh with .....

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2. That the CIT(A) erred in confirming the disallowance of ₹ 45,368/-being interest on unexplained cash credit. 3. That the CIT(A) erred in confirming the disallowance out of vehicles to the extent of 10% of the expenses. 4. That the CIT(A) erred in not waiting for remand report which he called for from A.O. in respect of various evidences in the form of confirmation of depositor, with PAN No. & bank statement which were submitted to CIT(A) on which remand report was called for as info .....

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1.10.2007. Thereafter, the case was selected under scrutiny by issuing notice under Section 143(2) of the Act 30.07.2008. During the course of assessment proceedings, the Assessing Officer noticed that the assessee had obtained unsecured loans to the tune of ₹ 20,00,000/- from various individuals. On enquiry, the Assessing Officer found that the creditors were people with limited means and were not capable of advancing huge loans out of their savings and the findings of the Range Inspector .....

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ound at the given address. The person have also stated in his statement that he does not have any bank account. 2. Shri Gunvantlal N. Mehta - It was learned that this person is a Pujari in the temple. No business activity was found at the said address. However, as per the P&L account filed with the confirmation by the assessee the said individual is supposed to received diamond labour income. Which was in person denied. The said family appeared to the belonging to lower middle class with abs .....

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₹ 5,00,000/- to the assessee. 4. Shri Nailesh B. Mehta. - This person was also found to be working as a diamond labourer in the diamond market without any office of his own. No books of accounts or any business activity was found at this address. His wife stated that she was not aware of the assessee or any loan advance to him by her husband. 4. Thus, the Assessing Officer was of the view that the assessee has failed to discharge the primary onus to establish the credit worthiness of the c .....

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ng Officer by observing as under:- 5. I have considered the facts and submissions. I do not agree with the appellant s views. Although the appellant has filed confirmations, PA Nos etc. and discharged the initial onus as per decision of Hon ble Gujarat High Court in the case of Rohini Builders. However, after filing these details, the Assessing Officer has conducted further enquiries and found that these persons have no capacity to give the loans. Their Income-tax returns show very little income .....

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Gunvantlal N. Mehta, it was learnt that he is a pujari in the temple. No business activity was found at the said address. However, as per the P&L account filed with the confirmation by the assessee, the said individual is supposed to have received diamond labour income which was in person denied. In respect of Shri Suresh J. Sangvi (HUF), his sister in law was found at the given address who stated that Shri Suresh is working as low time diamond labourer in the diamond market. He has no offi .....

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h the appellant failed to do. In view of these facts, it is held that the Assessing Officer was justified in making the addition for unexplained cash credit and disallowing the interest thereon. Accordingly, the addition is confirmed and both the grounds are rejected. 6. Further aggrieved by the order of the ld. CIT(A), the assessee is now in appeal before the Tribunal. 7. We have heard the rival contentions, perused the material available on record and gone through the orders of the authorities .....

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ed by the Ward Inspector was contrary to the evidence filed by the assessee and further no show-cause notice was issued to the assessee on the basis of enquiry conducted by the Assessing Officer. Assessee filed the supporting documents on 21.12.2009 and the assessment order was framed on 31.12.2009 without any further communication. After considering the facts and circumstances of the case, we find that proper opportunities have not been provided by the Assessing Officer in this case and the sub .....

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ssessing Officer observed that the assessee has debited ₹ 58,005/- under the head of Vehicle Fuel Expenses . He also observed that the assessee has also debited an amount of ₹ 12,62,902/- being the depreciation on motorcar compared to ₹ 5,79,946/- claimed last year. Assessee was asked to furnish the details thereof in this regard; however, assessee could not furnish any evidence with regard to its claim. Therefore, the Assessing Officer disallowed the Vehicle Running Expenses a .....

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) restricted this disallowance to 10% of the expenses on the ground that the element of personal usage cannot be ruled out as no log book was maintained for vehicle running. 11. Aggrieved by the order of ld. CIT(A), the assessee is now in appeal before this Tribunal. 12. We have heard the rival contentions, perused the material available on record and gone through the orders of the authorities below. We find that the assessee was not maintaining log book towards the running of vehicles for the o .....

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mstances of the case, as well as on the subject, the learned AO erred in making addition of ₹ 30,328/- being 20% of ₹ 1,51,639/- towards telephone, mobile and vehicle fuel expenses treating it as non-business expenditure without appreciating the facts of the case. 2. On the facts and in the circumstances of the case, as well as on the subject, the learned AO erred in making addition in respect of Interest claimed to the tune of ₹ 1,84,084/- treating it as bogus without any coge .....

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-. 16. On appeal, ld. CIT(A) dismissed this ground of the assessee and upheld the action of the Assessing Officer on the ground that the vouchers were not verifiable because details of activity for which expenses are incurred were not mentioned in the vouchers; thus, the assessee has failed to prove the entire expenses were incurred for business purposes. 17. Further aggrieved, the assessee is now in appeal before the Tribunal. 18. We have heard the rival contentions, perused the material availa .....

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