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TMI Blog2013 (10) TMI 466X X X X Extracts X X X X X X X X Extracts X X X X ..... d.CIT(A)-III, Surat has erred in deleting the addition of Rs.50,84,982/- made by the A.O. on account of non-genuine purchase of diesel. 2. On the facts and in the circumstances of the case and in law, the Ld.CII(A)-III, Surat leis erred in deleting the addition of Rs.1,10,882/ made by the A.O. on account of purchase of spare- parts. 3. On the facts and in the circumstances of the case and in law, the Ld.CIT(A)-III, Surat has erred in deleting the addition of Rs.45006/ made by the A.O. on account of non-genuine purchase of materials. 4. On the facts and in the circumstances of the case and in law, the Ld.CIT(A) III, Surat has erred in deleting the addition of Rs.8,79,909/- made by the A.O. on account of bogus creditors appearing in the ba ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appeal read as under: "1. On the facts and in circumstances of the case as well as law on the subject, the learned Commissioner of Income-tax (Appeals) has erred in partly confirming the addition of Rs.55,110/- out of total addition of Rs.1,55,110/- made by Assessing Officer on account of bogus/non-genuine expenses. 2. On the facts and in circumstances of the case as well as law on the subject, the learned Commissioner of Income-tax (Appeals) has erred in confirming the action of the Assessing Officer in making addition of Rs.1,50,000/- on account of bogus expenses in the name of M/s. Shree Jalaram Oil Center. 3. On the facts and in circumstances of the case as well as law on the subject, the learned Commissioner of Income-tax (Appeals) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of opportunities, and specifically mentioned therein that it was the last opportunity being granted to the assessee, but still no details/explanations/evidences were filed nor account books or bills for expenditure claimed to have been incurred by the assessee, were produced. In these circumstances, the AO completed the assessment on the basis of the information gathered under section 133(6) of the Act from various parties. The learned DR has submitted that the assessee has submitted non- genuine and bogus details of various expenses including the claim of diesel purchase of Rs.50,84,982/-, and likewise on other heads of the expenses also. He submitted that the assessee has debited a sum of Rs.16 lakhs on account of bogus sub-contract expe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... specifically mentioned that this was the last opportunity, being granted to the assessee. In spite of that, the assessee has not cooperated with the department. The AO has specifically recorded that the assessee has not produced the books of accounts and nor any other details/explanation/evidences were filed nor any bills for expenses claimed to have been incurred by the assessee were produced. The AO has further recorded that the assessment was completed on the basis of the information filed by the assessee, and the information gathered under section 133(6) of the Act from various parties till the date. The assessee could not controvert these findings recorded by the AO before us. In these facts, we hold that it is a fit case for rejectio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... year. The nature of the business of the assessee is that of government contractor, engaged in road construction, bridge etc. and also a quarry owned by the assessee. The learned DR before us has submitted that in the immediately preceding assessment year, the assessee has declared a net profit of 8.8%. Considering the entire factual matrix of the case, including the fact that the assessee has claimed expenses on the higher side, under various heads of the expenses and not supported by evidences/vouchers, during the year, we hold that ends of justice shall be met, if flat rate of 6% net profit is applied to the gross contract receipt of Rs.3.85 crores, without allowing any further deduction on account of depreciation etc. to the assessee, a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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