TMI Blog2015 (8) TMI 1511X X X X Extracts X X X X X X X X Extracts X X X X ..... lief on facts on record could have been granted it leads to the conclusion that the order passed has been passed with the mindset that the claims necessarily had to be rejected. The fact that the representation on the part of the assessee was also not complete and proper has already been taken note of as the evidences upon which reliance could have been placed and were evidences which the assessee ought to have in its possession has never been brought on record is also coming out from the orders. In view of these peculiar facts and circumstances considering the overall factual background in the interests of substantial justice the impugned order is set aside. The issue is restored back to the file of the CIT(A granting liberty to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the parties accounts and the assessee s accounts addition of ₹ 24,494/- was made for the reasons discussed in para 2 of the assessment order. Apart from this an addition of ₹ 3,52,834/- was made on account of the AO s conclusion that there was diversion of income of the said amount in regard to Smt. Shobha Rustagi, (wife of Sh.Rajkumar Rustagi), Smt. Shashi Rustagi and Smt. Kamlesi Rustagi. The AO also made an addition of ₹ 58.480/- on account of difference in closing stock wherein the assessee is found to have not filed on query any document so as to explain why closing stock of Bajra was shown at a lower rate. Similarly expenses to the tune of ₹ 1,87,725/- was disallowed for nonproduction of complete bills and vou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y evidence on record was ignored and on the ground that the commission income infact has been earned by the assessee and some of the expenses pertained to re-imbursement of expenses incurred like godown rent, market fees, wage and the adhoc disallowance of 20% did not refer to past history etc. Further shows that apparently the evidence which the assessee would want to refer necessarily would be in its possession namely the details of the names and particulars of payments made to the parties after deducting TDS and re-conciliation with M/s Gupta Trading Company due to the difference in VAT account and cash discount. Similarly for Smt. Shobha Rustogi, Shashi Rustogi and Kamleshi Rustogi stated to be commission agent and while estimating the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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