TMI Blog2015 (1) TMI 2X X X X Extracts X X X X X X X X Extracts X X X X ..... fails to produce documents, adverse inference can be drawn to the effect that if produced they would have gone against the assessee . In support of the same contention, CIT( A) has also followed another judgment of Hon'ble Delhi High Court rendered in the case of [2011 (9) TMI 546 - DELHI HIGH COURT], CIT vs. Gold Leaf Capital Corporation Ltd . We find that a clear finding is given by CIT( A) that the Assessing Officer has allowed all those expenses which could be verified in course of assessment proceedings. The assessee has not appeared before the CIT( A) or before us to make out a case that any expenses which was allowable has been disallowed by the Assessing Officer. Considering these facts, we do not find any reason to interfere in th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... npur has erred in confirming the addition/disallowance of ₹ 2,81,022.00 on account of notional interest not earned by the assessee . 7. That Ld. Commissioner of Income tax (Appeals) II, Kanpur has erred in confirming the addition of ₹ 66 ,181.00 on account of prior period expenses. 8. That Ld. Commissioner of Income tax (Appeals) II, Kanpur has erred in confirming the disallowance of ₹ 30 ,000.00 on account of listing fee u/s 43B. 9. That Ld. Commissioner of Income tax (Appeals) II, Kanpur has erred in confirming the disallowance of ₹ 10 ,000.00 on account of penalty. 10. That the assessment order suffers from legal infirmity because the assessing officer passing the order and the officer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ld have gone against the assessee . In support of the same contention, CIT( A) has also followed another judgment of Hon'ble Delhi High Court rendered in the case of 2011-TIOL-795-HC-DEL-IT, CIT vs. Gold Leaf Capital Corporation Ltd . We find that a clear finding is given by CIT( A) that the Assessing Officer has allowed all those expenses which could be verified in course of assessment proceedings. The assessee has not appeared before the CIT( A) or before us to make out a case that any expenses which was allowable has been disallowed by the Assessing Officer. Considering these facts, we do not find any reason to interfere in the order of CIT( A). 6. In the result, the appeal of the assessee stands allowed [Sic: disallowed]. Orde ..... X X X X Extracts X X X X X X X X Extracts X X X X
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