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TMI Blog2023 (1) TMI 174X X X X Extracts X X X X X X X X Extracts X X X X ..... not been rejected and the deduction is made on adhoc basis. Questions of law is answered in favour of the assessee. - INCOME TAX APPEAL NO. 343 OF 2019 C/W INCOME TAX APPEAL NO. 342 OF 2019 - - - Dated:- 5-12-2022 - HON'BLE MR JUSTICE P.S. DINESH KUMAR AND HON'BLE MR. JUSTICE T.G. SHIVASHANKARE GOWDA APPELLANT (BY SHRI. ANNAMALAI, ADVOCATE FOR SHRI. S.V.RAVI SHANKAR, ADVOCATE) RESPONDENT (BY SHRI. M.DILIP, ADVOCATE FOR SHRI. K.V.ARAVIND, SENIOR STANDING COUNSEL) JUDGMENT P.S. DINESH KUMAR J., These two appeals by the assessee have been filed to consider the following questions of law: 1. Whether the Tribunal was justified in holding that there was no business income for the AY 2012-13 without app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mann.com 284 (SC). 6. Shri Dilip for the Revenue supporting the impugned orders submitted as follows; that with regard to the first question that there was no business income for the A.Y.2012-13, he submitted that the assessee had not declared any business income and the income declared was by profession. Therefore, ITAT has rightly recorded the above finding; and Adverting to Para 6 of the Assessment order, he submitted that since authorized representative of the assessee was not able to establish bills and vouchers, Assessing Officer has disallowed 10% of the expenditure. 7. We have carefully considered rival contentions and perused the records. 8. First question is with regard to the finding recorded by the ITAT ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ise, in the case of labour cases too, identical reasons were adduced by the A.O. to bring to tax a sum of Rs.2.2 crores. The same were set aside ultimately by the ITAT. (Emphasis supplied) 11. In the instant case also, the assessee's books of accounts have not been rejected and the deduction is made on adhoc basis. 12. In view of the above, these appeals merit consideration and hence, the following; ORDER (i) Both appeals are allowed; (ii) Order dated 20.07.2018 in ITA No.1453/Bang/2018 and order dated 25.01.2019 in M.P.No.3/Bang/2019 in ITA No.1453/Bang/2018 are set-aside; and (iii) Questions of law is answered in favour of the assessee and against the Revenue. No costs. - - TaxTMI - TMITax - Income ..... X X X X Extracts X X X X X X X X Extracts X X X X
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