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TMI Blog2012 (12) TMI 408X X X X Extracts X X X X X X X X Extracts X X X X ..... rred in deleting the disallowance of Rs. l,75,400/ made by the AO on account of legal and professional charges. 1.a.While doing so, the Ld. CIT.(A) failed to appreciate the fact that with respect to assessee s claim for rendering supervision services to its sister concern no details and documentary evidence supporting the expenditure has been furnished by the assessee: 2. On the facts and in the circumstances of the case and in law, the Id. CIT(A) has erred in deleting the disallowances of Rs. 36,74,422/ on account of payment of salary as expenses. 2.a. While doing so, the Ld. CIT.(A) failed to appreciate the fact that the assessee has neither carried out any business activity nor established the nexus of the said expenses. 3. The appellant prays that the order of the Ld.CIT(A) on the above ground(s) be set aside and that of the Assessing Officer be restored . ITA/2192/M/11-M.B.Development Corporation- 1. On the facts and in the circumstances of the case and in law, the ld.CIT(A) has erred in deleting the disallowance of expenses of Rs. 1,12,27,810/-. 1.a. While doing so, the ld.CIT(A) erred in appreciating the fact that the assessee s claim of various expenses agai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ndered to the sister concern. 3. On the facts and in the circumstances of the case and in law, the ld.CIT(A) erred in granting relief to the assessee ignoring the fact that no business connection exist between the assessee and its sister concern M/s. R.M. Bhutter Co. 4. On the facts and in the circumstances of the case and in law, the ld.CIT(A) erred in granting relief to the assessee ignoring the fact that the reimbursement of the expenses is only to justify to reduce the profit merely by book entries which are not determinative of taxable income. 5. On the facts and in the circumstances of the case and in law, the ld.CIT(A) erred in allowing relief to the assessee without appreciating the fact that merely comparing the profit ratio and disregarding the above factors, noticed during the course of survey and only nullified by the assessee by way of book entries. 6. On the facts and in the circumstances of the case and in law, the ld.CIT(A) erred in deleting the addition made in the assessee s case by following its own appellate order dt.21.12.2010 in the case of R.M. Bhattad ignoring the fact that the decision of CIT(A) in this case is challenged and the same is subject m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... account of freight charges ignoring the fact that assessee has failed to substantiate the expenses with supporting bills and vouchers. 8. On the facts and in the circumstances of the case and in law, the id CIT(A) erred in deleting the disallowance of unexplained expenditure u/s 69C of Rs. 15,76,255/- ignoring the fact that no supporting evidence were produced by the assessee before the A.O. and thereby admitting new evidence under Rule 46A. 9. On the facts and in the circumstances of the case and in law, the4 ld. CIT(A) erred in deleting the disallowance of Rs. 32,86,955/- on account of depreciation on closing stock even though no such provision exist in respect of depreciation u/s 32 read with relevant rules and that too made on adhoc basis without any justification. 10. The appellant prays that the order of the CIT(A) on the above ground(s) be set aside and that of the Assessing Officer be restored. 11. Appellant craves leave to amend or alter any ground or add a new which may be necessary. ITA/2275/M/11-M.B.Construction- 1. On the facts and in the circumstances of the case and in law, the ld. CIT(A) has erred in allowing expenditure of Rs. 26,43,861/- on accoun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing interest u/s. 234A, 234B, 234C 234D of Income Tax Act, 1961. 6. The ld. Commissioner of Income Tax (A) erred in confirming the penalty proceedings u/s. 271(1)( c ) r.w.s. 274 of Income Tax Act, 1961. 7. The ld. Commissioner of Income Tax (A) erred in confirming the penalty provisions u/s. 269SS and 269T of the Income Tax Act, 1961 particularly when Addl. Commissioner of Income Tax have already dropped the penalty proceedings. 2. Facts of the case: M/s. R.M. Bhutter Co., a proprietary concern of Late Shri R.M. Bhattad engaged in the business of making and maintaining the structure for exhibition and mandaps, had filed return of income on 31-10-2006 declaring total income of Rs. 73.41 Lakhs. Assessment was finalised on 31-12-2008 by the AO determining the income of the assessee at Rs. 5.96 Crores. 3. A survey action under section 133A of the Income Tax Act, 1961 (Act) was carried out in the office premises of the assessee Group 17-03-2006. During the survey action, it was found that the assessee had made huge cash expenses in respect of purchases, labour wages and salary paid to employees of its sister concerns. The assessee had maintained day to day cash book as ..... X X X X Extracts X X X X X X X X Extracts X X X X
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