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2019 (3) TMI 1294

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..... - Appeal by the assessee is allowed for statistical purpose. - ITA No.3519/Mum/2017 - - - Dated:- 4-2-2019 - Shri Shamim Yahya, AM And Shri Ram Lal Negi, JM For the Appellant : Shri Hiten Vasant For the Respondent : Shri D. G. Pansari ORDER PER SHAMIM YAHYA, A. M.: This appeal by the assessee is directed against the order of the learned Commissioner of Income Tax (Appeals)-3, Mumbai ( ld.CIT(A) for short) dated 30.03.2017 and pertains to the assessment year (A.Y.) 2011-12. 2. The grounds of appeal read as under: 1. The Hon ble Commissioner of Income Tax Appeals [ CIT(A) ] has erred in confirming 10% adhoc disallowance made by the learned Deputy Commissioner of Income Tax ( AO') in respect of the follow .....

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..... ht to be deleted. 3. Brief facts of the case are that during the course of assessment proceedings, the AO has observed that the assessee has claimed expenditure of ₹ 3,19,63,456/- under various heads and asked to produce documentary evidence in support of claim of expenses. After considering the submission of the assessee, the AO held that various expenses claimed by the assessee are not supported by proper bills/vouchers. Therefore, 10% of ₹ 3,19,63,456/- i.e. ₹ 31,96,456/- is disallowed and added back to the income of the assessee. 4. Before the ld. CIT(A), the assessee made the submission which are noted by the ld. CIT(A) as under: 1. The appellant is engaged in the business of freight, forwarding of ODC transp .....

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..... s letter dated o6-03.2014 has submitted the details of ODC expenses (copy enclosed at page nos. 23 25) and considering the voluminous vouchers (around 12 box flies) has produced two box files on sample basis for verification. 4. However, the Id. AO based on the suo motto disallowance of certain expenses (which are identified by the appellant as not adequately supported amounting to ₹ 67,05,7691- has concluded that various expenses claimed by the assessee are not supported by proper bill/vouchers and made additional ad-hoc 10% disallowance out of ODC expenses. 5. From the above stated facts, your honour will appreciate that the appellant company has filed its return of income at a loss of ₹ 1,33,90,988/- and also suo-moto d .....

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