TMI Blog2009 (7) TMI 1345X X X X Extracts X X X X X X X X Extracts X X X X ..... ion of ₹ 30,65,300/- in respect of the following expenses: Rent, rats and taxes 25,000/- Office maintenance and General repairs 3,99,000/- Sales promotion, advertisement & seminar 26,670/- Conveyance 7,33,860/- Legal & professional charges 25,000/- Out of postage, telephone & telex 6,90,600/- Travelling 11,64,900/- 30,65,300/- 2.1. The Assessing Officer made the disallowance. According to the Assessing Officer all these expenses were not supported by proper vouchers and documentary evidence. The learned CIT(A) was of the view that Assessing Officer had made the disallowance in most casual and cavalier manner without any basis. 2.2. We have heard both sides and are unable to find any infirmity in the order of CIT(A) T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee's own case, for A.Y. 2001-02 wherein identical addition has been deleted. Apart from the issue being subject matter of a decision by the Tribunal in favour of the assessee, we find that the assessee has made advances at the fag end of the financial year in question and computation of addition for the entire year is wholly unjustified. The CIT(A) further gave a finding that there was no flow of funds involved in the said transaction as these properties were to be transferred by the two entities in lieu of the shares to be allowed to them by the assessee company. Having regard to these discussions we are unable to find any infirmity in the order of CIT(A). Accordingly, order of CIT(A) on the issue in question is upheld. 4. The next ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eon. The assessee is liable to tax if only such receipt can be included in his total income and is assessable under the Act. 4.3. The Central Board of Direct Taxes has issued circulars to the effect that the assessee should be properly guided in relation to the claim. The CBDT has emphasized upon the Assessing Officers to assess the correct income to tax. If the assessee is following a particular method of accounting and he has omitted to claim that deduction or exemption , which he is otherwise entitled, the Board has emphasized that the Assessing Officer should guide the assessee so that the correct income is assessable as per the provisions of the I.T Act. In the case in hand though technically the assessee has not revised the return of ..... X X X X Extracts X X X X X X X X Extracts X X X X
|