9911796707
TMI Blog2012 (10) TMI 155X X X X Extracts X X X X X X X X Extracts X X X X ..... n of Rs.5,35,000/- on account of disallowance of expenses. The AO made the addition because the books of account and supporting vouchers were not produced and the same was disallowed as was disallowed in the original assessment order and addition was made again. It was submitted before the ld. CIT(A) that the AO made disallowance of expenses on the basis of original assessment without looking the matter afresh. Complete details were produced along with the bills and vouchers during the course of assessment proceedings and adhoc disallowance could not be made. The ld. CIT(A) perused the assessment record and considered the material on record and found that in the original assessment order disallowances were made out of general shop expenses, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... see has shown debit capital balance of Rs.46,12,220/- in the names of various partners. In the assessment order, the AO has mentioned that the assessee was asked to explain the source of capital introduced by the partner Shri Laxmi Narain Shivhare in a sum of Rs.2,31,400/-, but subsequently, the addition was made of Rs.6,79,963/- in respect of three partners. It was submitted before the ld. CIT(A) that the assessee firm is in business of liquor contractor and the contractor has to deposit the earnest money equivalent to 15% of the contract amount as per excise policy. The mode of payment of earnest money is in the form of bank guarantee. Due to uncertainty in awarding of contract because of competitive biddings, partners/individuals get the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... introduction of the capital and it was entries made in the accounts of the partners on behalf of the firm for commission payment and, accordingly, deleted the addition. 6. On consideration of the rival submissions, we do not find any merit in this ground of appeal of the Revenue. Copy of resolution of the partners dated 05.04.2003 is filed at page 15 of the paper book reimbursing the amount in question to three partners and at page 16 bank charges have been mentioned of the same amount. It would, therefore, support the case of the assessee that whatever bank commission was paid by the partners on behalf of the firm were credited in their capital account by debiting the same in the books of the firm. Therefore, there is no introduction of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 0/- has been recovered. The bank statement of Shri Surendra Kumar Rai, partner of the firm was filed in support of this fact. The ld. CIT(A) noted that the AO has nowhere mentioned that the information regarding bid money bank guarantee etc. are not correct. Therefore, merely information is not supplied by the Excise Department, addition should not have been made. The ld. CIT(A), accordingly, deleted the addition. 8. On consideration of the rival submissions, we do not find any infirmity in the order of the ld. CIT(A) in deleting the addition. The assessee has filed copy of bank guarantee at page 17 of the paper book, which support the case of the assessee that the bank guarantee was given by the banker on behalf of the assessee through it ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the assessee that these amounts were payable at the end of March, 2004 for which payments have been made in April, 2004. After verifying the facts, the ld. CIT(A) deleted the addition. 10. On consideration of the rival submissions, we are of the view that the addition has been rightly deleted by the ld. CIT(A). The AO noted that Rs.20,000/- represents audit fee payable and the remaining expenses of Rs.12,80,531/- are the routine business expenditures. The assessee has furnished details at page 21 of the paper book to show that the amounts were payable at the end of the assessment year which were paid in April, 2004. Therefore, the same were rightly treated as amounts payable and as such, no addition was justified on the matter in issue. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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