TMI Blog2020 (11) TMI 465X X X X Extracts X X X X X X X X Extracts X X X X ..... tained with respect to various dealers from different source. Though the assessee had shown negligence during the course of the respective proceedings before the Ld. Revenue Authorities and even when I find the elaborate exercise undertaken by the Ld. AO to be quite appealing, it is not appropriate to adopt the data belonging to some other assessee while computing the addition in the hands of the assessee. Therefore hereby remit back the matter to the file of the Ld. AO for de novo consideration - advise the assessee to be vigil during the course of the proceedings before the Ld. Revenue Authorities in order to avoid such hotch potch. - ITA No.1326/Hyd/2018 - - - Dated:- 10-7-2020 - Shri A. Mohan Alankamony, Accountant Member Fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... troleum Corporation Limited and from the Website of petroleum planning and Analysis Cell of Ministry, Petroleum and Natural Gases, Government of India s. During the course of scrutiny assessment proceedings, the assessee had explained before the Ld. AO that the shortage in turnover was not due to suppression of commission income, but it was due to discounts allowed to the customers of the assessee. However, the assessee could not produce any evidence to justify her stand. The AR of the assessee had also argued before the ld. AO to allow deduction on account of license fees paid amounting to ₹ 48,838/- and reasonable allowance for shortage of the petroleum products due to evaporation, pilferage etc. Considering the submission of the Ld ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ment proceedings it was never stated before the Ld.AO that in the case of the assessee the loss due to evaporation is higher than the accepted norms because of old delivery equipments installed in the petrol bunks owned by the assessee. The Ld. CIT (A) further observed that even before him the factual details with evidence regarding the actual evaporation, shortages and discount allowed to regular customers were not brought on record. The Ld. CIT (A) further observed that the Ld. AO had obtained the details of the commission paid to the assessee by IOCL and BPCL which was not accounted in the books of accounts of the assessee. Further the Ld. CIT (A) was of the view that the Ld. AO has made elaborate and detailed examination by obtaining in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e AO does not relate to the assessee the matter may be remitted back to the file of the Ld. AO for fresh consideration. The Ld. DR vehemently argued before us by stating that the additional evidence filed by the assessee under Rule 29 of the ITAT Rules may not be admitted because the assessee had miserably failed to point out the error if any before the Ld. AO as well as before the ld. CIT (A). the Ld. DR further argued before us that it is only a modus-oprandi adopted by the assessee in order to delay the litigation proceedings hence it was submitted that the additional evidence may not be admitted and the appeal of the assessee may be dismissed. 7. I have heard the rival submissions and carefully perused the materials on record. On con ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
