9911796707
TMI Blog2021 (2) TMI 269X X X X Extracts X X X X X X X X Extracts X X X X ..... IT(A)' erred in law in confirming ad-hoc disallowance @ 7.5% aggregating to Rs. 47,80,313/- on trading expenses overlooking the fact that never ever in past assessee has been assessed at such exorbitant rate of Profit which is not real in the business of Contract for civil construction. 3. BECAUSE, while confirming the addition the Ld. CIT(A) was highly unjustified in confirming ad-hoc disallowance of Rs. 47,88,313/- ignoring the fact on records that Audit Report stood brought on records of the AO as such existence of Books of Accounts cannot be denied.' 4. BECAUSE, the 'appellant' denies levy of interest under section 234B of the Act as the Income of the assessee is subjected to TDS. 5. BECAUSE, while making the asses ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt craves leave to add, alter or delete any grounds of appeal." 4. During the course of appellate proceedings, the assessing officer had as the assessee to file the documents in support of the expenditure incurred by the assessee. However despite the opportunity granted by the assessing officer, assessee did not file any details in support of grounds of appeal taken. As the assessee failed to comply the direction of the assessing officer despite opportunities granted by the assessing officer, the case of the assessee was decided on the basis of the documents available on record. 5. It is seen that AO has made this addition observing as the following:- "On the dale fixed for hearing on 20/09/2016 no compliance was made by the assessee. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... genuineness & allow ability of such expenses/payments towards purchases and selling & admin expenses etc. but if was failed to produce the same during assessment proceedings. However, copies of ledger account of some expenditure were produced adequate but it were not adequate to substantiate his claim of expenditure and payment debited in P & L account., it is seen that major expenditure were made in cash, which were not supported by vouchers, stock registers and cashbook etc. The assessee furnished copies of bank account statements with the handwriting narrations, which cannot be treated as genuine in absence of proper evidences. It is very surprising to see that the assessee furnished some old copies of contract bonds of previous years w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ition of Rs. 47,88,313/-) 6. Appellant during the course of appellate proceedings before the Commissioner, did not make any compliance and no details in support of any grounds of appeal were filed by him and hence, the case was being decided on merits. 7. Feeling aggrieved by the order passed by the assessing officer, assessee preferred appeal before CIT (A). The learned CIT had decided the grounds raised by the assessee in the appellate proceedings. 8. At the outset the Ld. AR had submitted that one more opportunity be granted to the assessee for producing the documents for proving the case of the assessee. It was also submitted that the NP Rate the subsequent year four also required to be considered by the revenue authorities for the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... passed by the Commissioner and remand the matter to CIT (A). The CIT(A) is directed to pass fresh speaking order, in terms of direction given herein above, after following the principle of natural justice and affording the opportunity of hearing to the assessee. We may mention that it will be open for the assessee to take all the grounds and additional grounds as the assessee deem-appropriate before the Commissioner (A). Needless to add, the CIT(A) shall afford the assessee adequate opportunity of being heard and to file details/submissions required, which shall be duly considered before deciding the issues. The assessee is also directed to comply with and attend the hearings before the CIT(A) and shall not take undue adjournment in the ma ..... X X X X Extracts X X X X X X X X Extracts X X X X
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