TMI Blog2018 (1) TMI 1367X X X X Extracts X X X X X X X X Extracts X X X X ..... due to non-furnishing of any explanation or details in this regard - Held that:- CIT(A) has not adjudicated the issue. Since the assessee has debited an amount of ₹ 77,774/- in the Profit & Loss Account, he is entitled to such bad debt in view of the decision of the Hon’ble Supreme Court in the case of TRF Ltd.[2010 (2) TMI 211 - SUPREME COURT ]. Therefore, this ground by the assessee is allowed. Disallowance of telephone expenses - Assessing Officer has made disallowance of ₹ 38,534/- being 1/5th of the telephone expenses being probable personal use which has been restricted by the ld. CIT(A) to 50% of such expenses - Held that:- Considering the facts that certain free calls are allowed by the Telephone Department, lump sum ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... med TDS of ₹ 64,332/- on receipts of ₹ 11,89,074/- whereas as per TDS in 26As this amount is 98045/- on receipt of 18,12,205/-. Therefore, facts are leading to conclusion that the assessee has not declared his income/receipts to the tune of ₹ 6,23,131/- (18,12,205 11,89,074/-) for the A.Y. 2007-08 and has evaded tax liability on the income earned during this period. The above aspect along with others need to be examined for correct computation of income of the assessee for the F.Y. 2006-07 relevant to Asstt. Year 2007-08. Therefore, after going through the information available on record papers, AIR information against the assessee and his income tax return for the A.Y. 2007-08 and also keeping in view of the facts ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng to reopening of the assessment is concerned, ld. counsel for the assessee did not press the same due to smallness of the amount. Accordingly, the ground relating to reopening of assessment is dismissed as not pressed. 7. So far as addition of ₹ 6,23,131/- is concerned, the ld. counsel for the assessee drew the attention of the Bench to page 3 of the order of the ld. CIT(A) wherein he had given the re-conciliation. He also drew out attention to the difference of ₹ 1,02,804/- which has been offered to tax in the subsequent year. 8. A perusal of the assessment order shows that the Assessing Officer has considered only receipt of ₹ 11,89,074/- in Profit Loss Account whereas as per Profit Loss Account filed by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... certain free calls are allowed by the Telephone Department, lump sum disallowance of ₹ 10,000/- under the facts and circumstances of the case will meet the ends of justice. I hold and direct accordingly. The issue relating to the telephone expenses is accordingly partly allowed. 11. So far as levy of interest u/s 234B and 234D is concerned, the same is mandatory and consequential in nature. However, I direct the Assessing Officer to verify the computation and rectify the arithmetical in accuracy, if any. This ground raised by the assessee is dismissed. 12. In the result, the appeal filed by the assessee is partly allowed for statistical purposes. Order pronounced in the open Court at the time of hearing itself i.e. on this 03 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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