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TMI Blog2017 (6) TMI 346X X X X Extracts X X X X X X X X Extracts X X X X ..... merit in the plea of the assessee in this regard wherein the Ld. AR of the assessee had already accepted 5% of disallowance out of total lorry hire charges paid. Upholding the order of CIT(A), ground No. 3 raised by the assessee in appeal is dismissed. Disallowance out of total expenses on vehicles and telephone expenses - Held that:- Assessing Officer had disallowed 1/3rd of the expenditure of car and telephone totaling ₹ 76,413/-. The CIT(A) restricted the disallowance to 10% of the total expenses i.e ₹ 22,924/-. There is no merit in the ground of appeal No. 4 raised by assessee and hence, the same is dismissed. Addition on account of cash introduced in the firm’s account by the partners - Held that:- In appeal herein above, in the case of Jagatsingh Pratapsingh Jadhav, addition of ₹ 5,00,000/- on the same ground is upheld and accordingly, no other addition on the same transaction is to be made in the hands of the firm and the same is deleted. In respect of other partner, Shri Arun Chachad, addition of ₹ 5,00,000/- has been made and appeal is still pending before the CIT(A). The Ld. AR for the assessee has proposed that the addition made in the hands ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Tax (Appeals)-1, Nashik is not justified in confirming the disallowance of expenses to the extent of ₹ 22,924/- out of total expenses on vehicles and telephone as against the disallowance made by the A.O at ₹ 76,413/-. 5) The appellant craves for addition to; deletion, alteration, and modification change any of the above grounds of appeals. 4. The first issue raised by the assessee in the present appeal is against reopening of assessment under section 148 of the Act. 5. Briefly, in the facts of the case, the assessee had filed return of income declaring total income of ₹ 4,65,043/-. The said return of income was processed under section 143(1)(a) of the Act. The Assessing Officer received information from ACIT, Central Circle, Nashik that the income chargeable to tax has escaped assessment in respect of sources of investment of ₹ 10,00,000/- for purchase of plot. The Assessing Officer, as the assessee had not filed return of income, issued notice u/s 148 of the Act. However, in the said para itself, the Assessing Officer acknowledges that the return of income was filed by the assessee on 23.03.2005. In response to the notice under section 148 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hands of the assessee. The said addition was confirmed by the CIT(A). Similarly, in the case of other partner, Shri Arun Chachad, addition of ₹ 5,00,000/- was made and the appeal against the same is pending before CIT(A). The Assessing Officer made addition of ₹ 11,00,000/- as unexplained investment under section 69 of the Act in the hands of the assessee. The CIT(A) reduced the addition to ₹ 5,00,000/- holding that sum of ₹ 6,00,000/- related to the assessment year 2003-04 and suitable action if deemed fit was to be taken in the said year. The assessee is in appeal against the said addition of ₹ 5,00,000/-. 9. The Ld. AR for the assessee made elaborate submission as to why the addition should not be made and filed explanation regarding source of ₹ 5,00,000/-. It was pointed out by the Ld. AR for the assessee that property was purchased in the name of the partner wherein firm made payment through cheque and total payment was to the tune of ₹ 30,43,000/-. The assessee pointed out that firm had debited ₹ 16,00,000/- each to the partners capital account. He further stated that admittedly in the capital account of the partnership firm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -. The Assessing Officer had disallowed 1/3rd of the expenditure of car and telephone totaling ₹ 76,413/-. The CIT(A) restricted the disallowance to 10% of the total expenses i.e ₹ 22,924/-. There is no merit in the ground of appeal No. 4 raised by assessee and hence, the same is dismissed. 13. The assessee in ITA No. 676/PUN/2015 has raised the following grounds of appeal:- 1) On the basis of facts and in the circumstances of the case and as per law, the Commissioner of Income Tax (Appeals)-1, Nashik is not justified in confirming the disallowance to the extent of ₹ 2,26,430 out of total transport payments as against the disallowance made by the A.O at ₹ 4,52,866/- 2 ) On the basis of facts and in the circumstances of the case, the Commissioner of Income Tax (Appeals)-1, Nashik is not justified in confirming the disallowance to the extent of ₹ 22,353/- out of total expenses on vehicles and telephone as against the disallowance made by the A.O at ₹ 44,706/-. 3) The appellant craves for addition to; deletion, alteration, and modification change any of the above grounds of appeals. 14. The issue raised by assessee in ground ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... directing the AO to take further action against the appellant for A.Y 2003-04 to verify the amount credited in the bank account of the appellant amounting to ₹ 6,00,000/- during the financial year relevant to the A.Y. 2003-04. 6) The appellant craves for addition to; deletion, alteration, and modification change any of the above grounds of appeals. 16. The grounds of appeal No. 1 and 5 raised by the assessee are not pressed and hence, the same are dismissed as not pressed. 17. The issue raised in ground No. 2 is against the addition of ₹ 10,00,000/- on account of cash introduced in the firm s account by the partners. In appeal herein above, in the case of Jagatsingh Pratapsingh Jadhav, addition of ₹ 5,00,000/- on the same ground is upheld and accordingly, no other addition on the same transaction is to be made in the hands of the firm and the same is deleted. In respect of other partner, Shri Arun Chachad, addition of ₹ 5,00,000/- has been made and appeal is still pending before the CIT(A). The Ld. AR for the assessee has proposed that the addition made in the hands of the partners on account of their cash contribution be upheld. In case no add ..... X X X X Extracts X X X X X X X X Extracts X X X X
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