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TMI Blog2019 (1) TMI 393X X X X Extracts X X X X X X X X Extracts X X X X ..... (6) r.w.s. 143(3), 153A & 153C of the Act for the assessment years 2006-07 to 2012-13 & 250(6) r.w.s. 143(3) of the Act for the assessment year 2013-14. Since the assessee has raised identical grounds in all her appeals, they are taken up for hearing together and disposed off by this common order. 2. The assessee has raised several identical grounds in her appeals however the cruxes of the issues are that (i) The Ld.CIT(A) has erred in upholding the proceedings initiated U/s.153C r.w.s. 153A of the Act, in the absence of incriminating material for the assessment years 2006-07 to 2013-14. (ii) The Ld.CIT(A) has erred in confirming the addition made by the Ld.AO amounting to Rs. 1,29,451/-, Rs. 1,06,790/-, Rs. 1,68,162/-, Rs. 1,30,980/- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessment years 2006-07 to 2012-13 dated 04/04/2014 and notice U/s.142(2) of the Act dated 03/12/2014 for the assessment year 2013-14. Consequent to the issuance of the above stated notice, the assessee filed her return of income for the assessment years 2006-07 & 2007-08 on 17.05.2014 & 17.10.2014 respectively and for the assessment years 2008-09 to 2013-14 on 24.09.2014. Thereafter the assessment was completed in the case of the assessee for the assessment year 2006-07 to 2013-14 on 30.03.2015 wherein the Ld.AO made the above mentioned additions which was subsequently confirmed by the Ld.CIT(A). 4. Ground No.2(i) : Jurisdiction U/s.153C r.w.s. 153A of the Act for the assessment years 2006-07 to 2012-13:- The Ld.AR submitted before us t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee is decided against her. 5. Ground No.2(ii) : Disallowance of interest earned from pawn broking business for the assessment years 2006-07 to 2013-14:- The assessee had disclosed interest @ 1.33% per month towars the loan extended to the borrowers. She had also disclosed certain adhoc amount as interest earned from the borrowers. On query it was explained that as per Government norms interest more than 1.33% per month cannot be charged from the borrowers hence, she has disclosed the excess amount of interest collected from the borrowers separately. However the Ld.AO was of the view that normally in this line of business interest is charged not less than 2% per month from the borrowers. Therefore he computed the interest @ 2% and a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... view that in this line of business the pawn broker himself acts as the appraiser and therefore there was no scope for incurring expense towards appraiser fee. Therefore the Ld.AO disallowed the expenditure claimed towards appraiser fee and added to the income of the assessee. On appeal, the Ld.CIT(A) observed in the Remand Report of the Ld.AO that certain PAN number stated by the assessee with respect to certain appraisers were incorrect. Further some of the appraisers failed to appear in person in response to the summons issued by the Ld.AO. Since there was lack of evidence with respect to the genuineness of some of the appraisers the Ld.CIT(A) granted partial relief to the assessee in parity with the Remand Report. 6.1 Before us the Ld.A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the appraisers before coming to such conclusion. Considering the facts and circumstance of the case, we are of the considered view that the disallowance of appraiser fee by the Ld.Revenue Authorities is not appropriate. Hence we hereby direct the Ld.AO to delete the addition made by disallowing the appraiser fee for all the relevant assessment years in these appeal before us. 7. Ground No.2(iv) : Adhoc disallowance towards salary expense for the assessment years 2006-07, 2007-08 & 2008-09: During the course of assessment proceedings, the Ld.AO directed the assessee to furnish details with respect to salary payments. The assessee requested for some time to produce the vouchers. But the Ld.AO refused to grant time because the assessments ..... X X X X Extracts X X X X X X X X Extracts X X X X
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