9911796707
TMI Blog2021 (2) TMI 501X X X X Extracts X X X X X X X X Extracts X X X X ..... ity'] in I.T.A.No.2282/Chny/2017 for the assessment year 2014-15. 2.The appeal has been filed by raising the following substantial questions of law: "1.Whether the respondent/the Assessing Officer has possessed the power within the scope of section 143(3) Income Tax Act, 1961 for making adhoc disallowance of expenses despite the availability of the audited financial statements? 2.Whether the Respondent/the Assessing Officer is empowered/justified in ignoring the incurring of expenses through proper banking channel after complying all statutory prescriptions on the wrong presumption of non production of few bills and vouchers pertaining to the expenses incurred and disputed in completing the assessment u/s. 143(3) of the Income Tax ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d loss account was disallowed and added back to the returned income. Further, the Assessing Officer noted that the assessee has debited a sum of Rs. 4,03,770/- towards expenditure on account of the weighing and unloading charges. The Assessing Officer held that some of the vouchers were hand made and some vouchers were not available and hence 20% of the expenses was disallowed and added back to the returned income. Further, in the profit and loss account, the assessee claimed expenses towards transport charges to the tune of Rs. 2,93,46,961/-, for which bills were directed to be submitted and on verification of the bills, the Assessing Officer held that the vouchers were self made/hand written and some vouchers are not produced. Therefore ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s and details furnished by the assessee with reference to the books of accounts but no defects were noticed during the scrutiny. Further, the details and documents called for by the Assessing Officer was furnished by the assessee which has been admitted by the Assessing Officer. In such circumstances there was no reason for an adhoc disallowance by the Assessing Officer. In support of their contention that adhoc disallowance should not be made, the assessee referred to the decision of the Delhi Tribunal in the case of ACIT vs. Ganpati Enterprises Limited, I.T.A.No.6112 (Delhi) of 2012 dated 15.02.2013 and the decision of the Lucknow Bench of the Tribunal in the case of Mukesh Kumar Mahawar vs. the Income Tax Officer (ITA.No.615/LKW/2014 dat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f such is the fact situation, the Assessing Officer was bound to scrutinize the documents produced and frame an assessement by granting/refusing eligible/ineligible deduction. We find that the Assessing Officer has made observation that the vouchers are self made/hand written and some vouchers are not produced. This in our opinion appears to be a vague statement. This finding has been recorded by the Assessing Officer with regard to the amount claimed by the assessee as expenses towards transport charges. Given the nature of the industry, we can take judicial notice of the fact that always computer generated vouchers may not be issued by the transporters unless they are an organization owning a large fleet. If the Assessing Officer had any ..... X X X X Extracts X X X X X X X X Extracts X X X X
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