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TMI Blog2011 (1) TMI 1383X X X X Extracts X X X X X X X X Extracts X X X X ..... the assessee was well within the ambit of the section 44AE. The AO has rejected the book result and has estimated the income by making various disallowance out of the expenses claimed by the assessee. He also enhanced the receipt shown by the assessee. The estimated disallowance made by the AO were partly reduced by the CIT(A). Therefore, undisputedly, in the assessee s case, the actual dispute is only with regard to estimation of the income from trucks plying business. When the Legislature has provided some formula for estimation of income in the case of a transporter, who owns less than ten goods carriages, there would not be any justification for not estimating the income of the assessee as per the formula prescribed in section 44AE. It ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... CIT(A) erred in law and on facts in confirming the adhoc disallowance of ₹ 19,170/- made out of the tyre exp. Without properly appreciating the submission of the appellant. 5. That the ld.CIT(A) erred in law and on facts in confirming the addition of ₹ 2,40,644.00 in respect of so called vehicle rent received from Dashrathbhai K. Chaudhary without properly appreciating the submission of the appellant." 3. At the time of hearing before us, it is stated by the learned counsel that all the grounds are inter-connected and can be considered together. He submitted that the assessee is deriving income from transport business by plying four tankers. The assessee has maintained regular books of accounts and since the receipt of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cept the revised return, he should have estimated the income as per Section 44AE. He therefore submitted that the AO may be directed to determine the income of the assessee as per Section 44AE of the IT Act. The learned DR, on the other hand, heavily relied upon the orders of the authorities below and he stated that books maintained by the assessee were not reliable and therefore the AO rightly made certain disallowances out of the expenses. He stated that the order of the CIT(A) should be sustained. 4. We have carefully considered the arguments of both the sides and perused the material placed before us. It is not in dispute that the assessee was plying the goods carriage which were four. Therefore, the number of goods carriages plied by ..... X X X X Extracts X X X X X X X X Extracts X X X X
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