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TMI Blog2022 (12) TMI 1313X X X X Extracts X X X X X X X X Extracts X X X X ..... on of the assessee's business functioning in the year under consideration i.e. 2012-13 assessment year does not have much relevance. The fact that it has not been confronted to the assessee is also a fact evident on the face of the record. We further find that merely because the Punjab State Electricity Corporation, even to the AO, has failed to respond and provide information u/s. 133(6) is a fact for which the remedy lies with the Revenue. Assessee has no role to play and cannot be held to be answerable for the lapses of the Corporation. Considering the submissions of the assessee consistently on record wherein it is evident that the assessee tried to keep his business alive and viable and ultimately had to close down, expenses ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... facturing and business activities. He noticed that the opening and closing stock was seen to be 'nil' and despite this fact, an expenditure of Rs. 24,05,249/- on account of power and fuel expenses was claimed. The AO in order to verify the genuineness of the expenditure deputed an Inspector to visit the factory premises. It has been noticed as per record that there was no electricity connection with the assessee and there was one Security Guard available by the name of Shri Ramvachan who stated that since 2012, manufacturing activities had not taken place and that he was living in the factory premises for the last four years using a small generator. Record shows that summons were issued u/s. 131 on 22.02.2016 requiring Shri Rachhram ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the AO extracted in the order, it was submitted that the assessee had vide his letter dated 30.01.2016 submitted that the business had not been closed and there was only a temporary lull in the business as a technical person had left. The electricity payments were as per the minimum charges of electricity. It has also been submitted that from its various sundry debtors the assessee has managed to recover Rs. 8 lacs, hence it was argued that all possible efforts were made to keep the business functioning. 3.1. Inviting attention to the Paper Book filed, it was submitted that various other business related expenses have been allowed by the AO. Attention was invited to pages 28 to 39 which contains copies of bills raised by the Punjab Stat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to Show Cause Notice dated 25.02.2016 which is at page 40 of the Paper Book which would show that no statement of any person was confronted. Accordingly, it was his prayer that even otherwise, the impugned order has many shortcomings. Since specific redressal for these shortcomings is not prayed for, the submission it was submitted, is only illustrative of how the assessee has been treated. 4. The Ld. Sr. DR Mr. Akashdeep relied upon the orders. Specific emphasis was laid on the fact that the assessee had no opening or closing stock and no inventory. Hence, it was submitted, the business had in fact closed. Accordingly, it was his submission that the electricity expenses were rightly disallowed. 5. We have heard the rival submissions ..... X X X X Extracts X X X X X X X X Extracts X X X X
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