TMI Blog2018 (2) TMI 1208X X X X Extracts X X X X X X X X Extracts X X X X ..... to the file of the A.O. for making the assessment afresh in pursuance of the return of income originally filed by the assessee on 29.09.2010 as the same is the only return validly filed by the assessee for the year under consideration. A.O. shall consider the entire material available on record before completing the assessment afresh and afford proper and sufficient opportunity of being heard to the assessee. - I.T.A. No. 258/Kol/2015, I.T.A. No. 176/Kol/2015, C.O. No. 19/Kol/2015 - - - Dated:- 14-2-2018 - Shri P.M. Jagtap, AM and Shri Aby. T. Varkey, JM Shri K.M. Roy, FCA appearing on behalf of the Assessee Shri S. Dasgupta, Addl. CIT (DR) appearing on behalf of the Revenue ORDER Per P.M. Jagtap, AM These two appea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he trading and profit and loss account filed along with the two returns of income of the assessee were completely different as under: Item Return filed on 29.09.2010 Return filed on 26.05.2011 Opening Stock 1,60,972 1,91,44,436 Purchase 32,52,738 19,72,77,759 Carriage inward 17,290 15,96,758 Labour Charges 0 40,45,123 Other manufacturing expenses 0 8,51,605 Sales 38,02,510 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Sales Promotion 0 8,49,025 Advertisement 0 18,720 Telephone Charges 0 82,364 Staff Welfare 0 60,254 Carriage Outward 0 12,54,827 Postage Stamps 0 21,526 Packing Charges 0 7,96,445 Commission paid 0 21,26,432 Bank Charges 0 25,481 Legal Audit Fees 0 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... u/s 80RRB 0 1,33,000 u/s 80U 75,000 0 During the course of assessment proceedings, the assessee could not produce the books of accounts so as to enable the A.O. to verify as to which of the figures furnished in the two returns of the assessee were correct. As a matter of fact, he agreed that no regular books of accounts were maintained by him. The A.O., therefore, treated the subsequent return filed by the assessee electronically on 26.05.2011 and selected for scrutiny as the revised return of the assessee and proceeded to complete the assessment with reference to the said return. In the assessment so completed under section 143(3) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e by applying a net profit rate of 2% at ₹ 40,00,000/-. Having determined the income of the assessee on estimated basis, the Ld. CIT(A) deleted the individual additions made by the A.O. under the various heads. He however held that deduction claimed by the assessee under Chapter VIA was not allowable as there was no evidence produced by the assessee to support and substantiate the same. The appeal filed by the assessee before him thus was partly allowed by the Ld. CIT(A) vide his order dated 30.12.2014 and aggrieved by the same, the assessee and revenue both have preferred their appeals before the Tribunal and the assessee has also filed a cross-objection. 5. We have heard the arguments of both the sides and also perused the releva ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fore, should go back to the Assessing Officer for making the assessment afresh in pursuance of the return originally filed by the assessee on 29.09.2010 which was the only return validly filed by the assessee for the year under consideration. We find merit in this contention of the learned counsel for the assessee and since the learned DR has also not raised any objection in this regard, we set aside the impugned order passed by the Ld. CIT(A) and restore the case to the file of the A.O. for making the assessment afresh in pursuance of the return of income originally filed by the assessee on 29.09.2010 as the same is the only return validly filed by the assessee for the year under consideration. Needless to observe that the A.O. shall consi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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