P.L. & SONS INFRASTRICTIRE (P) LTD.,REWARI vs. ITO, WARD- 2, REWARI

This appeal is filed by the Assessee against the Order dated 26.3.2018 passed by the Ld. CIT(A), Rohtak relating to assessment year 2013-14 on the following grounds:- i) That having regard to the facts and circumstances of the case, the Ld. CIT(A) was wrong in confirming the order of AO holding the disallowance of expenses for Rs. 5,50,430/- under the head loading and unloading expenses. ii) That having regard to the facts and circumstances of the case the Ld. CIT(A) has erred in not appreciating the facts and submissions of the appellant. 1 iii) That having regard to the facts and circumstances of case, the Ld. CIT(A) completely ignored that the identical issue was already settled by Worthy Jurisdictional Commissioner of Income Tax (Appeals), Rohtak. iv) That in any case and in any view of the matter, action of lower authorities in passing the impugned order is bad in law and against the facts and circumstances of the case and without observing the principles of natural justice. v) That the errors of the lower authorities being arbitrary, erroneous and illegal, the same deserve to be set aside. vi) That the appellant craves the leave to add, amend, modify, delete any of the grounds of appeal before or at the time of hearing and all the above grounds are without prejudice to each other.

2. The brief facts of the case are that assessee filed its return of income declaring total income of Rs. 20,38,780/- on 30.10.2013 and the same was processed u/s. 143(1) of the Income Tax Act, 1961 (in short “Act”). The case of the assessee was selected for scrutiny under CASS norms as per the guidelines issued by the CBDT. Notice u/s. 143(2) of the Act was issued on 03.9.2014. In response to the same, the A.R. for the assessee attended the hearing on behalf of the assessee. Consequent upon change of jurisdiction, again notice u/s. 142(1) & 143(2) of the Act were issued on 10.4.2015 fixing the case for 21.4.2015 and in response thereto, the A.R. for the assessee attended the proceedings from time to 2 time and filed the details alongwith books of accounts. The AO observed that the assessee has debited expenses of Rs. 55,04,300/- on account of ‘loading and unloading expenses’. He observed that the genuineness and authenticity of expense could not be established by the assessee. Hence, 1/10th of the these expenses i.e. Rs. 5,50,430/- added back to the returned income of the assessee and assessed the income of the Assessee at Rs. 42,36,880/- u/s. 143(3) of the Act vide order dated 11.3.2016. Against the assessment order, assessee appealed before the Ld. CIT(A), who vide his impugned order dated 26.3.2018 has partly allowed the appeal of the assessee. Aggrieved with the impugned order, assessee is in appeal before the Tribunal.