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TMI Blog2017 (2) TMI 283X X X X Extracts X X X X X X X X Extracts X X X X ..... .SIDHU, JUDICIAL MEMBER AND SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER For The Assessee : None For The Revenue : Sh. Umesh Chand Dubey, Sr. DR ORDER PER PRASHANT MAHARISHI, A. M. 1. This is an appeal filed by the revenue against the order of the ld CIT(A), Ghaziabad dated 03.01.2013 for the Assessment Year 2009-10. 2. The revenue has raised the following grounds of appeal:- 1. That the ld CIT(A) has erred in law and on facts in deleting the addition of ₹ 9263310/- without appreciating that the assessee failed to reconcile this amount this sufficient documentary support before the AO. 2. That the ld CIT(A) has erred in law and on facts ignoring the fact that the books of accounts so produced by a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... reas the ld AR relied upon the order of the ld CIT(A). 6. We have carefully considered the rival contentions and the ld CIT(A) has deleted the above addition while dealing ground No. 1 after obtaining remand report and rejoinder of the assessee vide para No. 9 of his order which is as under:- 9. After careful consideration of all the facts on records and rival submission as contained in assessment order, in appellant s submission and remand report, my observation/ conclusion are as under:- 9.1 The appellant is a contractor engaged in the job of engineering contract and the major work has been undertaken with UB Engineering Limited, Pune-I, have also considered the submissions made by the AC where he has observed that it is not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the amount of deduction of cost of material and ESI and PF by the principals. The appellant also filed statement of account from M/s U.B. Engineering Limited along with certified copies of the bills and vouchers indicating the supply of the material by M/s U.B. Engineering and deductions made by the while making payment to the appellant for the cost of the material, ESI and PF etc. I found that these justify the deduction and also the fact that the deposit of the contract amount in the bank were lesser by the amount of deduction made. It is not clear how the AO has concluded that the short deposit in the bank by the amount of deduction of the following amounts would lead to addition to the income of the appellant, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on the date fixed the counsel of the assessee requested for adjournment and the case was adjourned for 06. 11. 2012. On the date fixed i.e. 06.1 1.2012.SH. Kailash Nath Mishra attended along with Shri Ram Kumar Sharma, advocate and produced only cash book and ledger. No other books of accounts alongwith bills and vouchers were produced by him. Therefore it is not possible to examine the correctness of accounts........ This report was again confronted to the appellant vide notice dated 04.12.2012 and a reply to this report has been also received from the appellant and the reply has been very carefully considered by me where the appellant has contended that the report of the assessing officer itself suggest his casual approach ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed with reference to the certified copies of the statement of supply of material and the deductions made from the payment and these are all verifiable. I have also examined the bank account of the appellant and it is seen that the amounts of deposits in the bank are lesser by the amount of the deductions made by the company namely U.B. Engineering Limited and others. The case would have been different had the deposit in the bank exceeded the gross receipts declared by the appellant in his profit and account. After considering the submission made by the appellant, the observed of the AO and the comments received from the AO, I have come to the conclusion that the AO was not justified to make addition of ₹ 9263310/- to the income ..... X X X X Extracts X X X X X X X X Extracts X X X X
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