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TMI Blog2013 (10) TMI 466X X X X Extracts X X X X X X X X Extracts X X X X ..... ssee was specifically requested to produce party or furnish its new address on which the notice could be served, but there was no compliance - The AO has recorded that at the address given by the assessee, there is no concern in the name and style of M/s.Millan Auto Care - Disallowed entire diesel expenses claimed to have been incurred by the assessee. Similar defects were found in other claims of expenses of the assessee under various heads of expenses - In the immediately preceding assessment year, the assessee has declared a net profit of 8.8% - Assessee has claimed expenses on the higher side, under various heads of the expenses and not supported by evidences/vouchers, during the year, ends of justice shall be met, if flat rate of 6% ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing in the balance sheet of the assesses . 5. On the facts and in 11w circumstances of the case and in law, the CIT(A), Surat has erred in deleting the addition of Rs,1,00,000/ - made by the A.O on account of non-genuine expenses. 6. On the facts and in the circumstances of the case and in law, the Ld.CIT(A)-III, Surat lain erred in deleting the addition of Rs.16,00,l51 /- made by the A.O. on account of bogus expenses claimed on sub-contract expenses. 7. On the facts and in the circumstances of the case and in law, the ld. CIT(A)-III, Surat hits erred in deleting the addition of Rs.5,08,311/ made by the AO. On account of labour and salary expenses. 8. On the facts and in the circumstances of the case and in law, the Id.CIT(A)-III, S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Income-tax (Appeals) has erred in confirming the action of the Assessing Officer in making addition of Rs.76,630/- on account of difference in the accounts of various parties. 4. On the facts and in circumstances of the case as well as law on the subject, the learned Commissioner of Income-tax (Appeals) has erred in partly confirming the disallowance of Rs.1,00,000/- out of total disallowance of Rs.6,68,311/- made by Assessing Officer being labour salary expenses. 5. On the facts and in circumstances of the case as well as law on the subject, the learned Commissioner of Income-tax (Appeals) has erred in partly confirming the disallowance of Rs.19,696/- out of total disallowance of Rs.24,620/- made by Assessing Officer being motorca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t of bogus sub-contract expenses and has debited Rs.9.92 lakhs on account of spare part expenses etc. He relied on the order of the AO. He submitted only course available is to apply a flat rate of net profit to the turnover of the assessee, in such type of cases, where the assessee could not produce its account books and has no supporting evidences. 5. The learned counsel for the assessee has opposed the submissions of the learned DR. He submitted that the assessee has maintained its account books regularly, and the CIT(A) has already sustained some of the additions, and the assessed income has been inflated to Rs.8.67 lakhs, after the appeal effect allowed by the CIT(A), as against the total income of Rs.3.66 lakhs returned by the asses ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it is a fit case for rejection of accounts of the assessee. The learned DR was justified in submitting that in such type of case a flat rate of net profit should be applied on the turnover of the assessee. 7. We find that the assessee has inflated its expenses to a great extent under various heads of the expenses, and has claimed at Rs.50,84,982/- as diesel expenses, and has claimed that it was purchased from M/s.Millan Auto Care. The AO has issued noticed under section 133(6) at the address given by the assessee, but the notice could not be served as the party is not available at the address given by the assessee. The assessee was specifically requested to produce party or furnish its new address on which the notice could be served, but ..... X X X X Extracts X X X X X X X X Extracts X X X X
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