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TMI Blog2018 (2) TMI 519X X X X Extracts X X X X X X X X Extracts X X X X ..... ct because while such amounts were expended both by cash and cheque, the vouchers were prepared by computers and handwritten vouchers were in many handwritings. Entries on each voucher are narrative which includes transaction detail, type of work & L.R. No. of each transaction. Payment of appellant in released by Idea cellular only after verification of work done as appearing in such vouchers. When books of accounts of appellant wereduly audited & A.O. failed to find any defects in detailed vouchers maintained by appellant, hence adhoc dis-allowance as percentage of such expenses is not at all justified - Revenue appeal dismissed. - ITA. No. 82/2016 - - - Dated:- 2-2-2018 - P. K. Jaiswal And Virender Singh, JJ. Ms. Veena Mandlik, Ad ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the assessee in her (creditor) books of accounts were also filed. In addition to this, bank statements of the assessee for the relevant period was also submitted. 4. Considering the aforesaid, the learned tribunal has held that the assessee has received the loan of ₹ 15.00 lakhs from Mrs. Purnima Tiwari. She was assessed to tax since 1987-88. She has given the relevant document and has also submitted the copy of the bank account from where the assessee received the amount. The source of source was also explained. The assessee had paid interest and deducted TDS, which is duly reflected in Form No.26AS. The depositor is engaged in the business since long. All these facts cumulatively show that the assessee was able to discharge th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... net basis are shown separately in the profit and loss account on net basis are shown separately in profit and loss account and an unexplained difference was of ₹ 60,714/- in the figure of sales, which as per books of accounts are ₹ 5,39,93,738/- and as per form no.26AS they are ₹ 5,40,54,452/-. 7. Considering the aforesaid, learned Commissioner of Income Tax (Appeals) added ₹ 60,714/- and balance addition was deleted by allowing the appeal in part. Para 4 to 5.2 of the order passed by the Commissioners of Income Tax (Appeal) are relevant, which reads as under :- 4. I have seen the assessment order, the grounds of appeal and submissions of appellants. 5. The first ground of appeal is against addition of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... are ₹ 5,39,93,738/- as per form no.26AS they are ₹ 5,40,54,452/-. Hence out of addition of ₹ 51,18,971/- only addition of ₹ 60,714/- is sustained and balance addition is deleted. As a result Gr.No.1 of appeal is partly allowed. 8. Learned ITAT gave the following finding in para 6 and 7, which reads as under :- 6. In the revenue's appeal in ground nos.1 and 2 the issue involved is against deleting the addition of ₹ 50,58,257/- made on account of receipts not recorded in the books of accounts. 7. Before us it was submitted that the Assessing Officer's contention regarding not recording the receipts of ₹ 50,58,257/- in the books of accounts is completely wrong. The assessee furnished ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e relief to the assessee by holding as under :- 7. Third ground of appeal is against addition of ₹ 2,20,775/- from cartage and coolie expenses and ₹ 15,79,120/- from hosting and handling expenses, on percentage basis, on the ground of genuineness of expenses. 8. Appellant is into business of handling transportation lifting and placing various mobile towers, plant and machinery, telephone exchange etc. of Idea Cellular. In this business both cargage and Coolie expenses and hosting and handling charges are essential components of business of appellant. A.O. has disallowed a percentage of such expenses on the ground that most of these expenses have been incurred in cash and the vouchers have been prepared in one handwri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ity of being heard has been given to the Assessing Officer under Rule 46A before admission of these additional evidences, which were managed and prepared subsequently. 12. Per contra, the stand of Shri P. Choudhary, learned Senior counsel for the respondent that copies of these documents were supplied to the department and that the same records have already been produced before the Assessing Office during the course of hearing on 19.12.2012. Even otherwise, the first appellate court is a fact finding court. All these questions have already been examined by the first appellate court and thereafter, he passed the order. 13. On due consideration of the reasoning assigned by the learned Commissioner of Income Tax (Appeals) I, Indore and ..... X X X X Extracts X X X X X X X X Extracts X X X X
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