9911796707
TMI Blog2017 (5) TMI 202X X X X Extracts X X X X X X X X Extracts X X X X ..... he CIT(A) erred in confirming the addition of Rs. 20,00,000/- for unexplained cash credit u/s 68. 2. That the CIT(A) erred in confirming the disallowance of Rs. 45,368/-being interest on unexplained cash credit. 3. That the CIT(A) erred in confirming the disallowance out of vehicles to the extent of 10% of the expenses. 4. That the CIT(A) erred in not waiting for remand report which he called for from A.O. in respect of various evidences in the form of confirmation of depositor, with PAN No. & bank statement which were submitted to CIT(A) on which remand report was called for as informed to the A.R. 5. The principles of Natural justice & Audi Alteram partem had been violated. It be so held now & order of CIT(A) be set aside. 6. The ord ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Pujari in the temple. No business activity was found at the said address. However, as per the P&L account filed with the confirmation by the assessee the said individual is supposed to received diamond labour income. Which was in person denied. The said family appeared to the belonging to lower middle class with absolutely no assets and obviously no capacity of landing Rs. 5,00,000/- to the assessee during the year. 3. Shri Suresh J. Sangvi (HUF) - On inquiring sister in law of the said person was found at the given address that who stated that Shri Suresh is working as low time diamond labourer in the diamond market He has no office of his own. There was no business activity or books of account found on this address. Again the said perso ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the loans. Their Income-tax returns show very little income. Although Shri Bhuralal D. Mehta was found at the given address and his statement was recorded u/s 131 but he has stated that he has not been working since past 7 to 8 years. He is dependent on his son and he has not earned income from last 7 to 8 years. It is further reported that there is no business activity in the name of Prachi Enterprieses as no books etc. were found at the given address. The person has also stated in his statement that he does not have any ban account. In respect of Shri Gunvantlal N. Mehta, it was learnt that he is a pujari in the temple. No business activity was found at the said address. However, as per the P&L account filed with the confirmation by the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der 133(6), copy of inspector's enquiry report, copy of bank certificate etc. The ld. Counsel has also submitted that the depositors have filed the income-tax returns and their bank accounts were showing several entries including advances made by them. He further contended that the so-called enquiry conducted by the Ward Inspector was contrary to the evidence filed by the assessee and further no show-cause notice was issued to the assessee on the basis of enquiry conducted by the Assessing Officer. Assessee filed the supporting documents on 21.12.2009 and the assessment order was framed on 31.12.2009 without any further communication. After considering the facts and circumstances of the case, we find that proper opportunities have not been ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ld. CIT(A). However, ld. CIT(A) restricted this disallowance to 10% of the expenses on the ground that the element of personal usage cannot be ruled out as no log book was maintained for vehicle running. 11. Aggrieved by the order of ld. CIT(A), the assessee is now in appeal before this Tribunal. 12. We have heard the rival contentions, perused the material available on record and gone through the orders of the authorities below. We find that the assessee was not maintaining log book towards the running of vehicles for the office purposes. Therefore, the action of ld. CIT(A) in restricting the addition to 10% of these expenses is found justifiable. Thus, the order of ld. CIT(A) does not require any interference on this issue, which is uph ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... entioned in the vouchers; thus, the assessee has failed to prove the entire expenses were incurred for business purposes. 17. Further aggrieved, the assessee is now in appeal before the Tribunal. 18. We have heard the rival contentions, perused the material available on record and gone through the orders of the authorities below. We find that the ld. CIT(A) was justified in upholding the disallowance made by the ld. Assessing Officer for want of verification of proper supporting vouchers/evidences which could not furnished by the assessee to substantiate its claim. Thus, we do not find any infirmity in the order of the ld. CIT(A) in this behalf, which is upheld and this ground of the assessee is dismissed. 19. Second ground of the assess ..... X X X X Extracts X X X X X X X X Extracts X X X X
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