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TMI Blog2023 (5) TMI 319X X X X Extracts X X X X X X X X Extracts X X X X ..... ses This judgment shall dispose of ITA No.1 27 and 55 of 2021 together as common questions of law and facts are involved in both the appeals. For reference, facts are being taken from ITA No. 127 of 2021. Appellant-assessee has come up in appeal against the order dated 12.02.2019 (Annexure A-5) passed by the Income Tax Appellate Tribunal, Delhi Bench, New Delhi in ITA No. 5315/Del/2018, for the assessment year 2014-15, as well as order dated 05.06.2018 (Annexure A-3) passed by the Commissioner of Income Tax (Appeals). Brief facts of the case are that the appellant-assessee is engaged in an agro based industry and manufacturing of bio-fuel briquettes. The appellant also deals with sanitary items. The manufacturing of bio-fuel briquettes ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ohtak, which was partly allowed vide order dated 05.06.2018. As far as the addition on account of undisclosed stock was concerned, the appeal was dismissed, however, with respect to the addition on account of disallowed 25% of the expense, the disallowance was restricted to 1/10th of the expenditure i.e. Rs. 4,70,000/- instead of earlier computation of Rs. 11,75,190/-. The appellant challenged the said order by filing an appeal before the Income Tax Appellate Tribunal, which was dismissed vide order dated 12.02.2019 (Annexure A-5). Hence, the present appeal. The main ground in appeal before the Tribunal was that the assessee's alternative claim to allow automatic deduction under Section 80JJA on aforesaid addition of Rs. 14,62,636/- was de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l as on the ground of non-disclosure of the closing stock of Rs. 14,62,636/-. With respect to the second aspect of sustaining of addition of Rs. 4,70,000/-, the Tribunal has observed that the Assessing Officer has disallowed 25% of the expenses claimed under the heads consumables, power/fuel, packing, freight, miscellaneous, telephone, conveyance, travelling etc. as no vouchers were produced for expenditure claimed as Rs. 47 lacs. The Assessing Officer had given full opportunity to the assessee, who could submit evidence of expenditure of about Rs. 8 lakhs out of his claim of Rs. 54.92 lakhs. The Tribunal has further held that the disallowance was rightly restricted to 1/10th of the expenditure, which had not been substantiated by the asse ..... X X X X Extracts X X X X X X X X Extracts X X X X
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