9911796707
TMI Blog2019 (4) TMI 1242X X X X Extracts X X X X X X X X Extracts X X X X ..... nothing on record to suggest that the Assessee had asked for such cross- examination which the Assessing Officer disallowed. - Decided against assessee. - INCOME TAX APPEAL NO.247 OF 2017 - - - Dated:- 2-4-2019 - AKIL KURESHI And SARANG V. KOTWAL, JJ. Mr. S. C. Tiwari for Appellant. Ms. Rutuja Pawar for Respondent. ORDER P. C. : 1. This Appeal is filed by the Assessee challenging the Judgment of the Income Tax Appellate Tribunal. Following questions are presented for our consideration : (a) Whether on the facts and in the circumstances of the case and in law, the Hon ble ITAT was justified in upholding the disallowance to the ex ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aid by the Assessee. 3. After considering the Assessee's reply and the statements of the labour contractors, he believed some of the purchases to be not genuine as also the labour charges. He made substantial disallowances in the order of assessment. The Assessing Officer added ₹ 20.72 Crores (rounded of). 4. The Assessee carried the matter in appeal. The CIT(A) restricted the additions to 25% of what the Assessing Officer had originally made. The Assessee carried the matter in further appeal before the Tribunal. The Tribunal deleted the entire disallowance in relation to the purchases. However, with respect to the labour charges, the Tribunal was of the opinion that there was sufficient evidence to d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rinciple is justified in principle. The contractor examined by the Assessing Officer reveals inherent discrepancy in the claim of expenses by the assessee. Under these circumstances, in our view, certain addition deserves to be made even though specific discrepancy is available only with respect to the one of the parties. Considering the entirety of facts and circumstances, some amount of unverifiability in the claim of the expenses cannot be ruled out and, therefore, on this aspect of the matter we find no reason to interfere with the conclusion of the CIT(A) that 25% of such expenses of labour charges ₹ 1,47,91,709/and out of off loading expenses of ₹ 54,87,524/ , deserve to be disallowed. 15.4 In the result, ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
