9911796707
TMI Blog2020 (8) TMI 303X X X X Extracts X X X X X X X X Extracts X X X X ..... e Learned CIT(A) failed to appreciate the submission made by the appellant during the course of appeal proceedings. 1.02 The Learned CIT(A) erred in stating that inspite of multiple opportunities, the appellant could not furnish necessary evidences in support of expenses incurred. The Learned CIT(A) failed to appreciate the documentary evidences submitted by the appellant to substantiate genuineness of the expenses. 1.03 The Learned A.O. erred in confirming addition without pointing out any deficiency in the documentary evidences submitted by the appellant. 3. Brief facts of the case are that assessee is engaged into the business of magazines subscription, online sales and direct marketing. The assessing officer made disallowance of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3 & 5. The notice sent to the address of Party at Sr. No.4 was returned unserved even from the latest address provided by the assessee. Reply was received from party at Sr.No.2, however on going through the ledger account submitted it was seen that the assessee had shown more expenses to the tune of Rs. 9,78,169/-. In this situation, the assessee was asked to produce the parties and to reconcile the difference of Rs. 9,78,169/- in respect of party at Sr.No.2 and to show cause as to why the said amounts should not be disallowed in case of failure on the part of the assessee. In response, assessee vide letter dated 21/11/2016 has submitted as under:- "Our client has received your above referred notice asking to provide reconciliation betwee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onus cast upon the assessee has not been discharged in spite of several opportunities given to it. As regards the excess expenses of Rs. 9,78,169/- claimed in respect of Coco's Cart, the assessee has merely stated that in some cases the payment to said company is made by group company of assessee, but no evidence in this respect has been submitted. Hence, as the .assessee has not been able to reconcile the difference in the expenses with regard to Coco's Cart the amount of Rs. 9,78,169/- is hereby disallowed. The expenses in respect of the other four parties are also disallowed as assessee has not been able to submit any confirmation or produce the parties in spite of specific direction to do so. Hence, the said expenses cannot be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uld not furnish necessary evidences in support of expenses incurred, therefore, I have no reason to deviate from the findings given by the AO in the assessment order hence ground raised by the appellant is dismissed and disallowance made by AO is confirmed." 5. We find that the CIT(A) has not applied any mind. He has copied the order of the assessing officer and thereafter virtually dismissed the appeal for non-prosecution. Such an order is not at all legally sustainable. As regards the lack of evidence is concerned, when there are invoices and books of account, what else is required has not been spelt out by learned CIT(A). He has not at all referred that the Assessing Officer was actually looking for the assessee to produce these partie ..... X X X X Extracts X X X X X X X X Extracts X X X X
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