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TMI Blog2018 (2) TMI 1208X X X X Extracts X X X X X X X X Extracts X X X X ..... ce the learned DR has also not raised any objection in this regard, we set aside the impugned order passed by the Ld. CIT(A) and restore the case to the file of the A.O. for making the assessment afresh in pursuance of the return of income originally filed by the assessee on 29.09.2010 as the same is the only return validly filed by the assessee for the year under consideration. A.O. shall consider the entire material available on record before completing the assessment afresh and afford proper and sufficient opportunity of being heard to the assessee. X X X X Extracts X X X X X X X X Extracts X X X X ..... and profit and loss account filed along with the two returns of income of the assessee were completely different as under: Item Return filed on 29.09.2010 Return filed on 26.05.2011 Opening Stock 1,60,972 1,91,44,436 Purchase 32,52,738 19,72,77,759 Carriage inward 17,290 15,96,758 Labour Charges 0 40,45,123 Other manufacturing expenses 0 8,51,605 Sales 38,02,510 21,29,01,163 Closing Stock 1,75,260 1,98,07,972 Gross Profit 5,46,770 97,93,454 G.P. Rate 14.38 4.60 Salary & Bonus 39,000 19,86,619 Electric Charges 17,950 56,923 Trav. & Conveyance 20,122 5,53,463 Repair & Maint. 3,568 65,300 Printing & Stati. 5,518 71,258 General Charges 9,537 2,02,158 Donation & Subs. 1,0 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... matter of fact, he agreed that no regular books of accounts were maintained by him. The A.O., therefore, treated the subsequent return filed by the assessee electronically on 26.05.2011 and selected for scrutiny as the revised return of the assessee and proceeded to complete the assessment with reference to the said return. In the assessment so completed under section 143(3) vide an order dated 18.03.2013, he made the following additions to the total income of the assessee: 1. Disallowance of deduction under Chapter VIA ₹ 7,57,000/- 2. Disallowance of commission ₹ 21,86,432/- 3. Disallowance of Puja Exp. and donation ₹ 1,06,781/- 4. Disallowance of labour charges, manufacturing expenses depreciation and bank charge ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e. The appeal filed by the assessee before him thus was partly allowed by the Ld. CIT(A) vide his order dated 30.12.2014 and aggrieved by the same, the assessee and revenue both have preferred their appeals before the Tribunal and the assessee has also filed a cross-objection. 5. We have heard the arguments of both the sides and also perused the relevant material available on record. In the revised grounds filed in his appeal, the assessee has raised a preliminary issue challenging the assessment made by the A.O. under section 143(3) on the basis of return of income subsequently filed on 26.05.2011 in electronic form by treating the same as the revised return. In this regard, the learned counsel for the assessee has contended that the orig ..... X X X X Extracts X X X X X X X X Extracts X X X X
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