TMI Blog2021 (8) TMI 460X X X X Extracts X X X X X X X X Extracts X X X X ..... S information in Form 26AS - HELD THAT:- As assessee invited our attention to the relevant part of the assessment order and the relevant documents filed and submitted that the income declared by the assessee is much more than that is decipherable from Form 26AS. Assessee has submitted that the assessee has taken into account all the income as depicted in Form 26AS. The Learned Counsel has submitted that the assessee may be given opportunity to reconcile the figures of income as compared to the information in Form 26AS. DR has not objected to the same. This issue is, accordingly, restored to the file of the Ld. AO with a direction to verify the contention of the assessee from the accounts of the assessee and decide the issue afresh as per l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cted beyond his competent jurisdiction by confirming the disallowance@20% of total expenses ₹ 926,993/- i.e. ₹ 183,399/-. 4. For that on the facts of the case, the Ld. C.I.T.(A) was wrong in adding to income ₹ 26,78,770/- based on wrong, perverse and decision without allowing proper opportunity of hearing, therefore, the said order is based on surmise, suspicion and conjecture and liable to be quashed and/or cancelled. 5. For that on the facts of the case, the Ld. C.I.T.(A) has acted arbitrarily by adding to income based on 26AS report but 26AS report did not empower the authorities below to estimate the income as business income utmost it can be determine on net profit/gross/profit. 6. For that the rental i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .) 01. Travelling Conveyance 4,54,306 02. General Charges 3,65,001 03. Miscellaneous Expenses 9,26,993 7. Though the Ld. AO noted that the assessee had submitted the details (breakup/ledger folio), photo copies of documents/vouchers etc., yet he observed that mere filing of documents was not enough and that by filing of the documents, the correctness of the same could not be established. He, therefore, made ad hoc disallowance 20% of the afore mentioned expenditure. The Ld. CIT(A) confirmed the disallowance so made by the Ld. AO 8. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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