9911796707
TMI Blog2012 (9) TMI 8X X X X Extracts X X X X X X X X Extracts X X X X ..... , relates to various items like, computer, electrification, UPS, furniture and fittings, kitchen equipments, kitchen utensils and other plant & equipment which figures in the balance sheet for the AY 2006-07, which according to the assessee, was acquired in the earlier year. On perusal of the ledger account, many of the items of expenses are on the revenue front and some of the items are on the capital account. For want of supporting credible evidence/confirmation for the amount of expenditure incurred by Mr P and in interest of justice, matter remitted back to file of AO. - ITA No.126/Bang/2011 - - - Dated:- 13-6-2012 - SHRI N BARATHVAJA SANKAR, AND SHRI GEORGE GEORGE K, JJ. Appellant by : Shri Srinivasan, C.A. Respondent by : ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Since the ledger account was not produced, the said sum was added to the total income. 4. Aggrieved by the addition, among other issues, the assessee filed appeal before the first appellate authority. 5. Before the first appellate authority, the assessee raised the following contentions :- In respect of Rs.3,79,810/- disallowed : The business in Hotel was commenced during financial year 2004-05. The credit relates to that year (i.e. assessment year 2005-06). The assessee had appointed one Shri Phaniraj Rama Rao to run the hotel called BARTON S COURT IN VYALIKAVAL, BANGALORE. He was running the hotel and for the said purpose he had installed certain equipments and incurred certain expenses and these came to a sum of Rs.3,79,810/- a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... asset liability statement or any other details for the F.Y. 2004-05 along with the return of income for A.Y. 2005-06. The appellant also failed to furnish the original vouchers in respect of the entries in the ledger account of Sri Pani Raj. In such a situation, the copy of ledger account in the balance sheet now filed cannot be relied upon. There are apparent contradictions in the details furnished by the appellant before the Assessing Officer and the state of affairs shown in the balance sheet. It is seen from the balance sheet as on 31.3.2006 filed along with the return of income for the assessment year 2006-07 that Sri Pani Raj is shown as a creditor for Rs.3,79,810/-. On the asset side, the total fixed assets are shown at a gross valu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rated by the appellant are not in consistency with those appearing in the balance sheet. The addition made by the Assessing Officer is therefore confirmed. This ground of appeal is dismissed . 7. The learned counsel for the assessee has filed a paper book comprising of 21 pages, inter alia, containing copy of the acknowledgement of return of income, computation of total income, profit and loss account and balance sheet for the assessment year 2006-07, copy of the ledger account of Shri Phaniraj Rama Rao for the period 1/4/2004 to 31/3/2005, copy of the remand report of the ITO, copy of the rejoinder to the remand report of ITO etc. The learned AR reiterated the submissions made before the income tax authorities. 8. The learned DR, on th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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