9911796707
TMI Blog2015 (9) TMI 1287X X X X Extracts X X X X X X X X Extracts X X X X ..... - SHRI H.S. SIDHU AND SHRI T.S. KAPOOR, JJ. For The Assessee by :- None For The Department by:- Shri Sujit Kumar , Sr. DR ORDER PER T.S. KAPOOR, ACCOUNTANT MEMBER These are three appeals filed by assessee against the separate orders of Ld. CIT(A) all dated 29/11/2013. ITA No. 3901/Del/2014 is against Ld. CIT(A) order partly confirming the assessment completed by AO u/s 144 of the Income Tax Act, 1961 whereas ITA No. 3902/Del/2014 relates to confirmation of penalty imposed by AO u/s 271(1)(b) of the Income Tax Act, 1961 and ITA No. 3903/Del/2014 relates to confirmation of penalty u/s 271(1)(c) of the Income Tax Act. 2. These appeals were heard together. Therefore for the sake of convenience a common and consolidat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... w of the above, the difference of the total turnover and gross receipt which comes to ₹ 64,528/- is added to the total income of the assessee. (Addition of ₹ 64,528/-) B. No capital has been shown as utilized. It is not possible to do the business without capital to make sale of ₹ 5,08,431/-. The assessee may require atleast ₹ 1,00,000/- (approx) as his capital. As the assessee did not show any capital, ₹ 1,00,000/ - is added to the income of the assessee as investment u/s 68 of the IT Act. (Addition of ₹ 1,00,000/-) C. As per column 51 of the ITR the assessee has shown net profit of ₹ 2,10,750/- whereas as per the computation of income, the net profit has been shown at 1,55, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eturn that he was involved in trading of Auto Parts etc., subsequently claiming that he was having income from tuition and that he was running coaching Classes under the name and style of 'Oasis Acadmy' and then subsequently claimed that he had no income from tuition in the year under consideration. In view of these contradictory and false claims of the Appellant, it is clear that the claims of the Assessee are not reliable and it is apparent that the Assessee making various claims just to avoid tax and penal liability. 8.5 It is claimed by the Assessee that the notices did not reach him and hence he could not comply to the same. Perusal of the Assessment Order u/s 144 dated 27.12.2010 in the case of the Assessee for the A.Y. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iven to him in Appeal but the Assessee did not avail of that opportunity and did not submit all the information, details, documents etc. and rather changed his claims regarding the income of the year under consideration after detailed queries were made by Order Sheet entry dated 30.05.13 (in Appeal No. 82/11-12), and also did not give the full details, documents and information etc. asked for. It .was clear that the Assessee was evading in making compliance to escape from the tax and penal liability. In view of this situation, each of the additions made by the Assessing Officer were examined and other than an addition of ₹ 1,00,0001- made on adhoc basis by the Assessing Officer, all other additions were confirmed. 8.7 It is seen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ereas in the computation of income, the net profit has been shown at ₹ 1,55,897/- only. In the absence of any proper explanation by the Assessee, no relief can be given and this addition is hereby confirmed. 8.10 The Assessing Officer has disallowed l/4th of the expenses claimed at ₹ 2,97,686/- in absence of the details of the expenses and has observed that even the nature of these expenses cannot be ascertained. The Assessee could not submit any evidence to controvert these observations. though it was claimed in the Written Submissions dated 30.05.13 that all the expenses are for business purpose only. It is noteworthy that the claim of genuineness of expenses is contrary to the subsequent claims of the Assessee. In view ..... X X X X Extracts X X X X X X X X Extracts X X X X
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