9911796707
TMI Blog2015 (8) TMI 410X X X X Extracts X X X X X X X X Extracts X X X X ..... . Assessee filed return of income declaring total income of Rs. 4,83,380/-. Assessment was completed u/s.143(3) determining total income of Rs. 7,09,130/- inter alia making an addition of Rs. 2,25,800/- as a disallowance of various expenditure under wages account. This disallowance made by Assessing Officer was accepted by assessee. Assessing Officer initiated proceedings u/s.271(1)(c). During the proceedings, assessee was asked to submit the Books of Accounts again to justify the assessee's submission that there are genuine omissions which were offered as income during the assessment. Assessing Officer noted that assessee has tried to manipulate entries so as to show that expenditure was claimed genuinely. He was of the opinion that th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat assessee has willfully admitted to tamper with the Books of Accounts to avoid payment of tax. Accordingly, he confirmed the penalty levied by the Assessing Officer. 4. It was the submission of the ld.Counsel that the observations of the Assessing Officer and the CIT(A) with reference to tampering of books are not warranted. It was submitted that Assessing Officer examined the books at the time of scrutiny, found out certain discrepancies which the assessee accepted due to his inability to verify each and every entry in the Books of Accounts. Ld. Counsel explained the nature of additions made in the assessment to submit that these are genuine mistakes happened in the course of business and since assessee has accepted those discrepancies ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 05 136400 146400 10000 -do- 3/05 201500 221500 20000 Rain Industries, U-I with P.F. 3/05 179391 199391 20000 Priya Unit-II without P.F. 3/05 157042 175042 18000 Priyadarshini Kolhapur 3/05 97600 117600 20000 TOTAL: 88000 In respect of the Company, Chintamani Plastics, Aurangabad, the wages payments made for the month of January to March, 2005 to the tune of Rs. 56,900/-, Rs. 56,900/- and Rs. 24,000/- were not proved with evidence and hence the same are disallowed for which both the assessee as well as Sri R.R.Mittal, AR of the assessee agreed for the addition. As can be seen from the above, assessee did produce the Books of Accounts, bills and vouchers as maintained by him. Admittedly Asses ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... acquaintance registers which has come to Rs. 88,000/-. This could be a genuine discrepancy of posting the entries, however, he has not examined whether there was any manipulation by the assessee either in the cash book or in other registers so as to siphon off funds from the business unit. It was the assessee's explanation that wages in respect of January, February and March in the case of Chintamani Plastics, Aurangabad were genuinely claimed. Since the place was outside the state, he could not furnish the vouchers during the assessment, so, the Assessing Officer disallowed an amount of Rs. 1,37,800/- for non-production of vouchers/evidence of having spent the amount. It was the contention of the assessee that assessee has received amo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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