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TMI Blog2011 (6) TMI 679X X X X Extracts X X X X X X X X Extracts X X X X ..... e business of cab operation, had filed return for the impugned assessment year, declaring total income of Rs. 51,930. During the course of scrutiny proceedings, the assessee was required to produce a copy of the partnership deed, bank account statements, assessment particulars of partners, evidence for purchase and sale of cars, etc. Though initially the authorised representative for the assessee, Shri K. Meenakshisundharam appeared on September 20, 2007, it seems there was no appearance thereafter by the assessee or its representative. The Assessing Officer, therefore, made a proposal for assessment under section 144 of the Income-tax Act, 1961 (in short "the Act") and as per the said proposal, he intended to estimate the sale price of fou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... year. Further as per the Assessing Officer, the sale receipts of the cars produced by the assessee and delivery notes signed by the concerned parties did not give model name, engine number or chassis number. As per the Assessing Officer, the phone numbers mentioned therein, when tried to reach, were unanswered. In so far as purchase of cars were concerned, the Assessing Officer noted that these cars were in the individual name of one Shri C. Balasubramanian, partner of the assessee-firm and in none of the papers, the name of assessee-firm was mentioned. The Assessing Officer also noted that the assessee's representative Shri K. Meenakshisundharam had appeared without power and the books of account and supporting evidence were never produced ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e contentions. According to him, the assessee had not utilised opportunities given to it by the Assessing Officer for furnishing purchase invoices, delivery notes, etc., during the course of scrutiny proceedings. He held that the Assessing Officer was justified in recomputing the depreciation of cars. He also refused to interfere in the order of the Assessing Officer with regard to disallowance of 10 per cent. of claim on expenses. Now before us, the learned authorised representative submitted that the assessee was not given a reasonable opportunity by the Assessing Officer either during the course of assessment proceedings or during the course of remand proceedings, to present its case. As per the learned authorised representative, thoug ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sessee might not have furnished different details called for by the Assessing Officer during the course of assessment proceedings. Nevertheless, it was able to produce before the learned Commissioner of Income-tax (Appeals) evidence in the nature of sale receipts signed by its managing partner Shri C. Balasubramanian and delivery notes signed by the concerned parties. The Assessing Officer had substituted a sum of Rs. 2,00,000 per car on estimate basis as the sale price and made like adjustments in the depreciation. Visa-vis purchase of two cars, the depreciation was not allowed only for the reason that the said cars were held in the individual name of Shri Balasubramanian. In the remand report, the Assessing Officer stated that the assesse ..... X X X X Extracts X X X X X X X X Extracts X X X X
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