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2018 (9) TMI 1023

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..... made by the authorities below. We, therefore, find it fit and proper to remit the issue to the file of the AO to deduct the salary paid to the partners in the relevant year and the interest to partners capital accounts as paid from the total addition of ₹ 18,86,442/-. With this direction, we partly allow the appeal filed by the assessee for statistical purposes. - ITA No. 739/Kol/2016 - - - Dated:- 14-9-2018 - Shri J. Sudhakar Reddy, AM And Smt. Madhumita Roy, JM For The Assessee : Shri Sunil Surana, AR And Shri Saurabh Kumar, Addl. CIT, Sr. DR ORDER PER MADHUMITA ROY, JM The instant appeal has been filed before us by the assessee against the order dated 11.01.2016 passed by the Ld. CIT(A) -15, Kolkata arising .....

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..... essee added total amount of ₹ 41,94,760/- to the income of the assessee which was sought to be justified for non availability of the opportunity of examination, cross-examination, verifying the expenses, stock and depreciation claimed by the assessee as mentioned in the return of income filed by it. Appeal was preferred by the assessee before the first appellate authority against the order passed by the Ld. AO who in turn adopted assessee s net income at 8% of the turnover which comes to ₹ 27,32,914/-. He then added ₹ 18,86,442/- being the balance amount between the net profit of 8% of gross turnover i.e. ₹ 27,32,914/- and ₹ 8,46,472/-, the disclosed income of the assessee which has been impugned before us. .....

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..... Power fuel : ₹ 18,000/- iv. Travelling Exp : ₹ 48,720/- v. Telephone Exp : ₹ 24,785/- vi. Other Exp : ₹ 21,06,108/- vii. Depreciation : Rs.8.46,472/- Total : ₹ 41,94,760/- Some of the above additions like the sundry debtors, closing stock, depreciations etc. cannot be .....

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..... complete in nature and thus not reliable. In many of the places, the signature of the recipient was not there. Most of the purchase bills were not produced for verification. All these defects are noted in the order-sheet dated 11.01.2016. Hence, the AR of the assessee was informed that the books are not reliable and liable to be rejected and that net income is to be assessed @8% of the turnover. Sri Surana agreed that the mistakes pointed out above are there and he stated that he did not have anything else to submit in this regard. 10. In view of the above and continuous dilatory tactics of the assessee in seeking adjournment on various dates of hearing and the discrepancies pointed out in the preceding paragraph, it is held that the .....

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