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TMI Blog2017 (12) TMI 667X X X X Extracts X X X X X X X X Extracts X X X X ..... ledge by the ld. DR which may prove that the expenditure incurred by the assessee were bogus, not only this, we noted from the copy of the balance sheet audited balance sheet of the assessee along with schedule of the fixed assets available at page 67 that the assessee has duly shown the addition in the building at Noida amounting to ₹ 1,06,08,738/-. The assessing officer in correctly mentioned in the assessment order that in the schedule of the fixed assets cost of the building has been shown only at ₹ 6763526/-. Thus we set aside the order of the CIT(A) and delete the addition made by the assessing officer confirmed by the CIT(A) which was just based on the assumption and the presumptions without bringing any evidence on re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ital gain submitted the documents in respect of construction expenses at ₹ 1,06,08,738/- along with the bills as detailed below : S. No. Name of the party Items purchased/ nature of work Date of bill Amount 1. M/s. Ganesh Carrier Building material (Rodi and N.Sand) 15.06.2009 3,01,800 2. M/s. Ganesh Carrier Building material (Rodi and N.Sand) 30.06.2009 3,06,600 3. M/s. Ganesh Carrier Building material (Rodi and N.Sand) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to keep on supplying material from time to time and raise the bill at certain periodicity. Maxmimim bricks were consumed on terrace for parapet wall. The assessing officer rejected the claim of the assessee as in his opinion. This was to avoid the tax and made the addition on account of undisclosed capital gain amount into ₹ 1,06,08,738/- . 5. When the matter went before the CIT(A), the CIT(A) confirmed the order of the assessing officer. We heard the rival submission and carefully considered the same along with the order of the tax authorities below, we noted the addition of ₹ 1,06,08,738/- has been reduced by the CIT(A) to ₹ 1,00,77,656/-. Therefore the issue before us relate to the sustenance of the addition of S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in July. The assessing officer or revenue did not brought on record any evidence proving that bills are not genuine or bogus even no confirmation except Axiom Buildwell Pvt. Ltd. was asked for. The assessing officer simply treated the expenses incurred by the assessee on the construction to be bogus. This is a settled law in view of the decision of the Hon ble Supreme court in the case of Daulat Ram Rawatmull 87 ITR 349 that onus is on the party which alleges that apparent is not real. No cogent material or evidence is brought to our knowledge by the ld. DR which may prove that the expenditure incurred by the assessee were bogus, not only this, we noted from the copy of the balance sheet audited balance sheet of the assessee along with sche ..... X X X X Extracts X X X X X X X X Extracts X X X X
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