9911796707
TMI Blog2024 (7) TMI 1184X X X X Extracts X X X X X X X X Extracts X X X X ..... 23, in proceedings u/s. 147 r.w.s. 144 and sec. 147 of the Income Tax Act, 1961 (in short "the Act"); assessment year-wise, respectively. Heard both the parties. Case files perused. 2. The Revenue's "lead" appeal ITA. No. 195/MUM./ 2024 for the former assessment year 2012-2013 raised the following substantive grounds : (1) "Whether on the facts and in the circumstances of the case and in law, the learned CIT(A) erred in deleting the addition made on gross receipt as the assessee company never filed the Return of Income for the A.Y. 2012-13" (ii) "Whether on the facts and in the circumstances of the case and in law, the Ld.CIT(A) was right in adopting income @ 20% of the gross receipts without any cogent reasons call basis." The Appe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ) Pvt Ltd (TAN: MUMD10241A) and TDS deducted to the tune of Rs. 98,950/-. 10.1. During the course of appellate proceedings, it is observed that the documents furnished by the appellant on 11.02.2021 are nothing but additional evidences which were not filed earlier before the AO. On 30.05.2022, communication was made to the appellant regarding the allow ability of additional avidences under rule 46A of the Income-tax Rules, 1962. The appellant furnished its submission in this regard on 09.06.2022. Thereafter, the additional evidences had been forwarded to the AO for his examination in terms of rule 46A of the Income-tax Rules, 1962 and to submit a 'Remand Report' vide communication letter dated 17.11.2022. The AO submitted Remand R ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 96,000/-, Staff Welfare Expense of Rs. 1,72,230/-, Travelling Expenses of Rs. 83,263/-, Telephone Expenses of Rs. 35,932/-. The appellant furnished ledger copies of Material Purchase, Sales and Consumables, copy of invoices on sample basis, copy of month wise Salary Register, copy of Rent agreement in support of its claim. On perusal of the submissions of the appellant, it is observed that the appellant has failed to furnish any corroborative evidences is support of expenses, viz., Office Expenses, Staff Welfare Expenses, Travelling expenses. Telephone Expenses. Further, some pages of bank statement and some copy of invoices as submitted by the appellant are not legible. However, it is a known fact that earning of income is not possible w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... venue's arguments. We wish to make it clear that neither there is any rebuttal from the department side that the Assessing Officer had made double addition of the impugned alleged undisclosed receipts of Rs. 49,47,480/- nor could it deny the involvement of the corresponding expenditure incurred at the assessee's behest regarding the contractual services provided to the payee concerned i.e., Darabshaw B Curestjee Sons (Bombay)Pvt. Ltd. Faced with this situation, we are of the considered view that the learned Assessing Officer could not have simply brushed aside the assessee's claim of corresponding expenditure which has been duly considered in the above extracted para-10.3 in the lower appellate discussion. We further wish to highlight the f ..... X X X X Extracts X X X X X X X X Extracts X X X X
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