2015 (10) TMI 2807

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..... )-I, Jaipur dated 7-02-2013 for the assessment year 2008-09. 2.1 The ground nos. 1 to 3.1 of the assessee raise following issues. (i) rejection of books of account u/s 145(3) of the Act (ii) estimation of 25% profits on unverifiable purchases amounting to Rs. 9,18,148/- from M/s. Lotus Impex. 3.1 During the course of hearing, the ld. AR of the assessee has not pressed Ground No. 1 regarding .....

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..... . DR has also confirmed that Revenue has gone in appeal before the Hon'ble Rajasthan High Court. 4.3 At the end of the arguments, both the parties agreed that the issue in question may be set aside to the file of the AO to decide the same afresh after the judgement rendered in the case of Anuj Kumar Varshney & Others vs. ITO (supra) by Hon'ble Rajasthan High Court, after giving the a .....

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..... 38,033/- Telephone expenses Rs. 3,915/- Travelling expenses Rs. 99,625/- 5.2 The ld. Counsel for the assessee contends that similar type of disallowances were raised before ITAT in assessment years 2006-07 and 2007-08 which were restricted to Rs. 50,000/- by ITAT. In assessment year 2007-08, the amount of such disallowances were to the tune of Rs. 1,78,510/- which was restricted to Rs. .....

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..... her hand contends that the AO made the disallowance on scientific basis by disallowing 10% thereof as the assessee failed to furnish the supporting evidence and records to justify the disallowances. This finding has not been challenged by the assessee. Thus there is no improvement in compliance of the deficiencies in the records as pointed out by the AO. The ITAT without appreciating this issue ha .....

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..... s, there is no mitigating circumstance to disturb the estimate made by the AO. The assessee has not given any reason to suggest that the estimate is either arbitrary or unjustified. In view thereof, I see no infirmity in the order of the ld. CIT(A). Thus Ground No. 4 of the assessee is dismissed. 6.0 In the result, appeal of the assessee is partly allowed for statistical purposes Order pronounce .....

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