9911796707
TMI Blog2014 (2) TMI 430X X X X Extracts X X X X X X X X Extracts X X X X ..... Gehlot) 2. The ground no.1 of this appeal of the Revenue is as under: "1. On the facts and in the circumstances of the case and in law, the ld.CIT(A) has erred in deleting the addition of Rs.7,00,000/- made by the AO on protective basis and Rs.1,75,000/- on substantive basis." 3. The learned DR has relied on the order of the AO. The learned counsel for the assessee has relied on the order of the CIT(A). We have heard rival submissions and perused the orders of the AO and the CIT(A). We find that the asssessee is receiving only commission income on booking of the trucks and no trucks belonged to the assessee. The business of the assessee is only to arrange vehicles/trucks for the parties who make entire payment to the truck owners. The C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the order of the CIT(A). We have considered rival submissions. We find that the CIT(A) has recorded that the assessee is living a simple life in village and did not have any car or membership of club and has shown withdrawal of Rs.77,450/- for family of five members in the accounting year 2004-2005, which were sufficient for meeting household expenses, and therefore, there is no justification for making any addition on account of low household expenses. In these facts, we confirm the order of the CIT(A) on this issue and the ground no.2 of the Revenue is dismissed. CO No.57/Ahd/2009 (Assessee's CO) 6. The ground no.1 of the CO of the assessee is as under: "1. On the facts and in circumstances of the case as well as law on the subject, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... this issue in the foregoing paras of this order in the Revenue's appeal in the case of Shri Devilal R. Gehlot. Accordingly, there is no merit in the ground no.2 of the CO of the assessee, which is accordingly dismissed. ITA No.291/Ahd/2009 (Revenue's appeal - Shri Devendra J. Soni) 10. The ground no.1 of the appeal of the Revenue is as under: "1. On the facts and in the circumstances of the case and in law, the CIT(A) has erred in deleting the addition of Rs.2,75,000/- made by the AO on protective basis and Rs.75,000/- on substantive basis." 11. Both the parties submitted before us that the issue in this ground of the appeal of the Revenue is identical with the issue in the ground no.1 of the Revenue in the case of Shri Devilal R. Gehl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... trucks is duly reflected in the accounts of two ladies as also the income therefrom, and therefore, there is no justification in making the addition in the hands of the assessee. The trucks were completely financed by M/s.Kotak Mahindra and no deposits or advance was required to be paid by the assessee. The two ladies were existing income tax assesses, and there is no material brought on record to justify the addition made in the hands of the assessee. Accordingly, the order of the CIT(A) on this issue is confirmed, and the ground no.3 of the Revenue is dismissed. 16. The ground no.4 of the Revenue is as under: "4. On the facts and in the circumstances of the case and in law, the ld.CIT(A) has erred in deleting the addition of rs.94,500/- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat there is no merit in the ground no.1 of the CO which is accordingly dismissed. 20. The ground no.2 of the CO of the assessee is as under: "2. On the facts and in the circumstances of the case and in law, the ld.CIT(A) has erred in not deleting the addition of Rs.57,600/- made on account of low house hold expenses on the merits of the ground but by allowing telescoping against the addition sustained on account of commission income." 21. Both the parties submitted before us that the issue in this ground of the appeal of the Revenue is identical with the issue in the ground no.2 of the CO in the case of Shri Devilal R. Gehlot for the same assessment year 2005-06. We have considered rival submissions. For the reasons recorded while dispo ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
