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TMI Blog2015 (5) TMI 1212X X X X Extracts X X X X X X X X Extracts X X X X ..... A) -1, Bhubaneswar dated 12.3.2014 for the assessment year 2009-2010. 2. The assessee has raised the following grounds: 1. "1. For that on the facts and in the circumstances of the case the learned CIT(A) ought to have allowed the entire claim of Rs. 1,36,61,510/- under transporting charges as no expenditure in contravention to the provision of Sectiori 40A(3) of the Income Tax Act,1961 and the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s duly audited u/s 44AB of the Income Tax Act,1961 and no adverse finding on cash payment exceeding Rs. 20,000/- was reported in the Form3CD to the audit report in Form-3CB. 4. For that on the facts and in the circumstances of the case the CIT(A) has erred in law as well as on facts by making disallowance out of transporting charges on estimate basis without appreciating that the books of accoun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 0/-. In view of the same, the AO has disallowed on estimate 80% of the total transport expenses which comes to Rs. 1,09,29,208/-. 4. The ld CIT(A) vide para 7.2 of the impugned order restricted the disallowance @ 10% of total claim of Rs. 1,36,61,510/- which comes to Rs. 13,66,151/-. 5. The ld counsel for the assessee argued that the AO has pointed out only two expenses of truck No.1152 and truc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ve been made whereas on the other hand, he himself is restricting the disallowance at 10% of total claim, which is contradicting his decision. But the fact remains that the AO has pointed out only two instances with respect to truck No.1152 and truck No.2096 at page 22 of his order where each payment is less than Rs. 20,000/- and, therefore, in our view no violation of provisions of section 40A(3) ..... X X X X Extracts X X X X X X X X Extracts X X X X
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