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TMI Blog2015 (10) TMI 1445X X X X Extracts X X X X X X X X Extracts X X X X ..... For the Respondent : Shri Amarveer Singh ORDER PER BHAVNESH SAINI,JM This appeal by the assessee is directed against the order of ld. CIT(Appeals)-I Ludhiana dated 20.03.2012 for assessment year 2004-05 challenging the disallowance of ₹ 21,82,240/- on account of development expenses. 2. The Assessing Officer made the disallowance on the facts that the assessee company did not produce any documents to prove that the claimed amount of ₹ 21,82,240/- had been actually spent. The assessee expressed its inabi l ity to furnish any documentary evidence or primary vouchers in respect of its expenses. The inability to produce any document was specifically noted by Assessing Officer in the order-sheet dated 27.10.201 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... w due to the above reason and now the matter is amicably settled between the Directors. Therefore, due to above exceptional circumstances, the assessee was prevented by sufficient/reasonable cause for not presenting these evidences before the authorities below. The ld. counsel for the assessee, therefore submitted that these additional evidences in the shape of vouchers may be admitted for hearing and the matter may be remanded back to the Assessing Officer for proper verification and necessary action in the matter. He has relied upon the judgement of Hon'ble Punjab Haryana High Court in the case of CIT Vs Mukta Metal Works 336 ITR 555 and of the Hon'ble Supreme Court in the case of Tek Ram Vs CIT 357 ITR 133. 4. On the other h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... herefore, 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, on going 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 expenses are stated to have been paid by assessee, have been signed on behalf of the assessee. The vouchers are not approved by the assessee company and no details have been mentioned as to how these payments were made for business purpose of the assessee and whether ..... X X X X Extracts X X X X X X X X Extracts X X X X
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