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TMI Blog2016 (5) TMI 1270X X X X Extracts X X X X X X X X Extracts X X X X ..... circumstances that the addition of ₹ 50,000/- was sustained by the Tribunal. The view taken by the Tribunal in the given facts and circumstances is plausible and also reasonable in upholding the addition of ₹ 50,000/- only. - ITA No. 125 of 2012 - - - Dated:- 6-4-2016 - Ajay Kumar Mittal And Raj Rahul Garg, JJ. For the Appellant : Mr. Pankaj Jain, Senior Advocate with Mr. Divya Suri, Advocate, Mr. Sachin Bhardwaj, Advocate and Mr. Madhur Sharma, Advocate For the Respondent : Mr. Yogesh Putney, Advocate ORDER Ajay Kumar Mittal, J. 1. This appeal has been filed by the assessee under Section 260A of the Income Tax Act, 1961 (in short the Act ) against the order dated 30.11.2011 (Annexure A-13) passed by t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... educing the value of the products. The BSNL allotted distributorship to the assessee for Ludhiana, Samana, Mohali, Kapurthala and Nilokheri. Separate stock register for each and every item was being maintained and had been produced before the Assessing Officer. All the purchase and sale bills were produced for examination for all the regions allotted which is discernible from the paper book of the Tribunal dated 29.11.2011 (Annexure A-3). The assessee was regularly and consistently following the mercantile system of accounting and having resources of income being from house property, income from trucks and the financial statements as per audit report dated 25.8.2007 (Annexure A-4). The assessee filed his return of income on 2.11.2007 (Annex ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on in this appeal is regarding the disallowance of ₹ 50,000/- from the commission received from the BSNL out of an amount of ₹ 1,57,64,756/- as commission paid. 7. The CIT(A) after perusing the material produced before him and examining certain bills noted that they do not bear the complete address of the retail customers/sub dealers. The addresses on the bills were incomplete and the parties could not be located in such big town/cities without complete addresses. The payments on the said bills had been shown to be received in cash. Accordingly, the disallowance of commission amounting to ₹ 2,00,000/- was rightly made by the Assessing Officer. The relevant findings recorded by the CIT(A) read thus:- 2.06. In the co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by, confirmed. 8. On further appeal, the Tribunal taking into account the totality of facts and circumstances of the case while affirming the findings of the CIT(A) had reduced the addition from ₹ 2,00,000/- to ₹ 50,000/-. The Tribunal had recorded as under:- 6. From the perusal of the evidence placed by the assessee in the paper book filed, we find that the assessee had purchased sim cards/recharge coupon from the BSNL. The copies of the bills of BSNL are enclosed at pages 257 to 391 of the Paper Book. The assessee has further enclosed the bills issued by it date-wise at pages 392 to 568 of the Paper Book. The said sales are affected by the assessee in cash and the net amount of the recharge coupon/sim cards have bee ..... X X X X Extracts X X X X X X X X Extracts X X X X
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