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TMI Blog2022 (7) TMI 1015X X X X Extracts X X X X X X X X Extracts X X X X ..... ped some plots and sold them. We are of the view that the AO is not correct in disallowing the entire expenditure. The Ld.CIT(A) has considered all these aspects and directed the AO to make disallowance of Rs.5,00,000/- due to deficiency of bills and vouchers by comparing the A.Y.2012-13. Therefore, we do not find any infirmity in the order passed by the Ld.CIT(A). So far as the violation of 46A is concerned, CIT(A) has categorically mentioned in the order that he has gone through the bills and vouchers which were submitted by the assessee for verification. CIT(A) has found that most of the vouchers were defaced and torn out due to HudHud cyclone, therefore, no useful purpose would be served by sending these bills and vouchers for ver ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rm of layout development charges, labour charges, material expenses and salaries and also the evidences in support of the same. In response to the notice, the assessee submitted ledger extracts for all the aforesaid expenses and later vide letter dt.06.12.2016 submitted that some of the vouchers were torn out and some were disfigured due to HudHud cyclone and filed some of the details for verification of the Assessing Officer (AO). However, the AO completed the assessment on 06.12.2016 and as such could not examine the vouchers. The assessment was completed by disallowing the entire expenditure except salaries of Rs.48,000/-. Thus, the AO made the addition of Rs.3,87,57,374/- and the total income was assessed at Rs.3,94,59,870/- based on th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t as the development of the layout was completed long back, there is no possibility of claiming such huge expenditure during the financial year relevant to A.Y.2014-15. 4. The Ld.CIT(A) has erred in not remanding the matter to the Assessing Officer u/s 46A(3) of the IT Rules, though the bills and vouchers in support of expenditure claimed were not produced before the AO during the assessment proceedings and submitted for the first time during the appellate proceedings only, which fact was also mentioned in the order of the Ld.CIT(A) in para 6.2. 5. The appellant craves leave to add or delete or amend or substitute any ground of appeal before and / or at the time of hearing of appeal. 5. The Ld.Counsel for the revenue has su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 00/- only. In the present impugned assessment year, the AO has disallowed entire amount of Rs.3,87,57,374/- except meagre amount of salary of Rs.48,000/-. Considering the said fact, the Ld.CIT(A) disallowed an amount of Rs.5,00,000/-, saying that would be sufficient to make up for deficiencies in the vouchers. Therefore , Ld.CIT(A) considered all the aspects and passed order by allowing the assessee s appeal partly. Therefore, the Ld.AR pleaded that the order of the Ld.CIT(A) to be confirmed. 7. We have heard both the parties and perused the material placed on record. Admittedly, the assessee has claimed an expenditure of Rs.4,84,37,430/- during the A.Y.2012-13, but the AO accepted the entire expenditure except an amount of Rs.6,00,000/- ..... X X X X Extracts X X X X X X X X Extracts X X X X
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