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TMI Blog2018 (9) TMI 1681X X X X Extracts X X X X X X X X Extracts X X X X ..... ORDER Per Shri Jason P Boaz, A.M. : This appeal by the assessee is directed against the order of Commissioner of Income Tax (Appeals), Davangere dt.19.09.2017 for the Assessment Year 2012-13. 2. Briefly stated, the facts of the case are as under :- 2.1 The assessee, a dealer in Maize, Rice and Wheat, filed his return for Assessment Year 2012-13 on 28.09.2012 declaring income of Rs. 37,100. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... partial relief. 3. The assessee being aggrieved by the order of the CIT (Appeals), Davangere dt.19.9.2017 for Asst. Year 2012-13 has preferred this appeal before the Tribunal, wherein he has raised the following grounds :- 4. Grounds 1 & 4 - being general in nature, no adjudication is called for therein. 5. Ground No.2 - Disallowance of Bogus Purchases. 5.1 In the above ground at S.No.2 (supr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... liable to be deleted, since what is not claimed or debited to the assessee's profit and loss account cannot be disallowed. It is prayed that since the above disallowance by the Assessing Officer is not in keeping with accounting principles, the disallowance is to be deleted. 5.3 Per contra, the learned Departmental Representative for Revenue supported the orders of the authorities below. 5. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s profit and loss account, then the same could not be disallowed as no claim for such debit has been claimed by the assessee in the profit and loss account. In this factual view of the matter, as per the peculiar facts and circumstances of the case on hand, we delete the aforesaid disallowance of Rs. 10,00,538 made by the Assessing Officer. Consequently, Ground No.2 of the assessee's appeal is ..... X X X X Extracts X X X X X X X X Extracts X X X X
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