2017 (11) TMI 2027

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..... out reference to any material on record. It is well settled that even a best judgment, assessment should be judicious. In fact and addition has been made u/s 69 for expenses which are already recorded in the books, which is not correct in law. Such disallowance has to be deleted. The assessee has demonstrated that he was prevented by sufficient cause from appearing before the lower authorities .....

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..... he assessee filed a petition seeking condonation of delay. I am convinced that the assessee was prevented by sufficient cause from filing the appeal in time, hence the delay is condoned and the appeal admitted. 3. The assessee is an individual and carries on business of saw milling, wheat business, bani milling etc. and running a cold storage unit. He filed his return of income 27/09/2010, decl .....

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..... been made u/s 69 of the Act, for expenses which are already recorded in the books, which is not correct in law. Such disallowance has to be deleted. The assesse has demonstrated that he was prevented by sufficient cause from appearing before the lower authorities on the dates of posting. 5. In view of the above discussion, on the ground of natural justice, I deem it fit and proper to set aside .....

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