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2015 (9) TMI 1246

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..... ssed an assessment order, dated 22.12.2010 adding development expenses, as the appellant could not furnish documentary evidence. The appeal filed by the appellant was dismissed by the Commissioner of Income Tax (Appeal)-1, Ludhiana on the same ground but at the time of filing of the appeal before the Tribunal, the appellant was able to trace relevant vouchers and, therefore, filed an application for additional evidence for producing the vouchers before the Tribunal. The Tribunal has, however, rejected the application for additional evidence as well as the appeal by doubting the authenticity of the vouchers. Counsel for the appellant further submits that the vouchers were in possession of Shri Pawan Bansal, a Director, who resigned from comp .....

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..... sdictional High Court in the case of CIT vs. Mukta Metal Works (supra)?" We have heard counsel for the appellant, perused the impugned order, the order passed by the CIT (Appeals)-1, Ludhiana, the order passed by the Assessing Officer as well as copies of some of the vouchers appended with the appeal but are unable to hold that the impugned orders call for any interference or gives rise any substantial question of law. Admittedly, pursuant to search and seizure, under Section 132 of the Act, the Assessing Officer called upon the appellant to explain development expenses of Rs. 21,82,240/- but as the appellant could not produce any documentary evidence to support these expenses, the Assessing Officer passed assessment order, under Section .....

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..... f its Directors before passing of the assessment order and it is claimed that the vouchers of development expenses were in possession of the Director who have resigned from the assessee company. However, such fact was never pleaded before the authorities below. Therefore, it appears to be the after thought story made up by the assessee. If the documentary evidences in the shape of vouchers of development expenses were in power and possession of other Directors who have resigned, nothing had prevented assessee from explaining these facts before authorities below. Further, ongoing through the voluminous Paper Books which contain the ledger account and copies of the vouchers, we notice that none of the vouchers through which development expens .....

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