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TMI Blog2015 (9) TMI 385X X X X Extracts X X X X X X X X Extracts X X X X ..... ractors. He carries out electrical contract works. His total contract receipts in relevant previous year are of Rs. 1,29,53,407/- resulting in gross and net profit of Rs. 16,58,728/- and Rs. 6,83,015/-, @ 12.80% and 5.27%; respectively. He claimed labour charges of Rs. 73,95,983/- comprising of unpaid outstanding seems of Rs. 33,45,640/- relatable to February & March, 2007. As per Assessing Officer, this would enhance the corresponding expenses of the said months to be more than 50%. The assessee submitted a list of the payees comprising of 204 instances. Each-one involved sum of less than Rs. 20,000/-. It transpires that these 204 names are repetitive in nature e.g. payee no. 1 Jagdish Solanki finds mention at Sl. 1,70,159. One Sanjay Baro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rsons who figured nowhere in the list of the liabilities outstanding. Or the list of outstanding liability showed lesser amounts. On perusal of the copies of confirmations the AO is directed to delete the following amounts as per remarks given in the Amount with remarks column in the list below Sl. No. Name of the labour Amount with Remarks 1 Sanjaybhai Patel Rs. 49,977 is directed to be deleted 2 Korat Kiran Nagjibhia This name is not there in the list of the AO hence not considered 3 Kamleshbhai Thumar Rs. 31,852/- is directed to be deleted 4 Subhashbhai J. Patel This name is not there in the list of the AO hence not considered. 5 Sanjaybhai Ishwarbhai Barot This name is not there in the list of the AO hence not consider ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d. 20 Mohammed Rafi Shaikh This name is not there in"1 the list of the AO hence not considered. 21 Ghanshyambhai Chauhan - Rs. 49,015 Shown outstanding in the list at S. no. 199 for Rs. 14,875 only Rs. 14,875 is directed to be de/eted. 22 Imran Khan Pathan - Rs. 49, 743 Shown outstanding in the list at S. no. 194 for Rs. 17, 723 only. Rs. 17,723 is directed to be deleted. I 23 Sanjaykumar Ishwarbhai Barot - Rs. 49, 737 This name is not there in the list of the AO hence not considered. 7. After going through rival submissions the AO out of addition made of Rs. 33,45,640 is directed to delete Rs. 4,07,912 as per narration in the column 'Amount with Remarks' given in the table above based on the confirmations furni ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r proofs qua payments outstanding balance of Rs. 49,676/- in case of Kiran Patel comprising of Rs. 19,120/- at # 22 Rs. 17,644/- at # 94 and Rs. 12,912/- at # 176; respectively. Similar is the case of yet another payee Shri Vipul Limbaciya submitting confirmation for Rs. 48,293/- comprising of Rs. 16,528/- at # 39, Rs. 18,785/- at # 85 and Rs. 12980 at # 204; respectively. The very payees happen to be the same for succeeding assessment year 2008-09 at pages 39-41 of the paper book. We reiterate that these random cases duly confirm to have made available their services at respective BSNL offices. There is no dispute raised about their identity since identity cards form part of the case file. There are many other confirmations in the same bac ..... X X X X Extracts X X X X X X X X Extracts X X X X
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