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TMI Blog2013 (12) TMI 550X X X X Extracts X X X X X X X X Extracts X X X X ..... Court) 1. The assessee in this appeal under Section 268 of the Income Tax Act urges that two questions of law arises for consideration. The first, it is submitted, pertains to the correctness of the ITAT directions to add Rs.22 lakhs towards alleged bogus freight and forwarding expenditure by an estimating exercise. The second question of law urged is that the lower authority fell into error in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... concern with details of those facts, yet to the extent it is relevant is worth noticing that the appellant did not cooperate with the Special Auditors who had to proceed with some difficulty and nevertheless filed the report within the time allocated. 3. On 16.10.2013, the Assessing Officer framed the assessment order directing a total addition of Rs.9,71,23,895/-. The appellant in these proceed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ubmitted that the deposition of Vaibhav Bhargava cannot be termed as conclusive in these circumstances since the answer to question no.5 relied upon by the Assessing Officer and other officials nowhere indicated that the expenditure he was referring to pertains to the appellant. 5. On the second issue, i.e., the addition of Rs.6,84,22,895 under Section 68 of the Act, learned counsel urged that th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was what was claimed as actual freight and forwarding charges which the concerned employee Vineet Bhargava clearly disclaimed in the course of his deposition. The appellant does not dispute that the Vineet Bhargava could have been subjected to cross examination. His testimony remained unrebutted and unchallenged. In these circumstances, the addition in the opinion of this Court cannot be termed as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... earch and seizure. It was concededly unable to substantiate such credit in favour of third party concerned, i.e., M/s Smriti Sales Pvt. Ltd. That concern appears to have been a bogus one and part of the Usha Group Devices to claim unwarranted expenditure and thus reduce tax burden. 8. In view of the above discussion, this Court is satisfied that no question of law arises for interpretation in thi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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