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TMI Blog2021 (2) TMI 269X X X X Extracts X X X X X X X X Extracts X X X X ..... hly unlikely that the assessee would intentionally or deliberately not produce the documents before the revenue authorities, as this would cause immense harm to his own interests. Ultimate aim of the assessment by the revenue authorities is to collect correct taxes due from the assessee We set aside the order passed by the Commissioner and remand the matter to CIT (A) - Appeal of the assessee is allowed for statistical purposes. - I.T.A. No. 179/Agra/2018 - - - Dated:- 27-1-2021 - Laliet Kumar, Member (J) And Dr. Mitha Lal Meena, Member (A) For the Appellant : Anurag Sinha , AR For the Respondents : Mazhar Akram , Sr. DR ORDER The present appeal is filed by the assessee feeling aggrieved by the order of Ld. CIT(A), ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lete, modify, alter or substitute any or all the grounds of appeal. 1. Assessee is a civil contractor who is carrying out construction work, mainly for overhead tanks for the Government Departments. Assessee has filed his return declaring income of ₹ 9,84,200/-. 2. During the course of assessment proceedings, Inspite of various opportunities provided by the AO, assessee did not file complete details of his accounts and various expenses and hence the income was assessed at ₹ 67,82,510/-. 3. Aggrieved by such addition in total income of the assessee, assessee has filed this appeal with the following grounds of appeal:- 1. Because the assessment order is bad in law and facts on record. 2. Because Ld. AO disallo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es made for purchases of materials of ₹ 4,74,23,200/- labour and rent payments of ₹ 1,15,93,283/- and establishment and selling/admin expenses of ₹ 48,27,581/-. Further, the assessee couldn't produce cash book, list of suppliers of materials and ledgers to verify the quantum of goods purchased and details of payments/expenditure made to labours etc., confirmation of sundry debtor of ₹ 10,10,000/-. Regarding description of work, the assessee vide reply dated 08/12/2016 stated only that it has carried on civil contract works for the different contractee department. The work for Jal Nigam were in respect of building construction works, overhaul tanks aggregating to ₹ 3,90,38,248/- out of total contract receip ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... verifiable. The details and explanation filed by the assessee were examined. In absence of stock register, list of payments, adequate proper evidences of the expenses, the purchases of material and closing stock (work in progress) are not verifiable though these are not deniable as a whole looking to the nature of payment 'business reflected in copies of form No. 16A and some contract bonds produced by the assessee. No evidence of payment of royalty, sales tax and cess were submitted. Therefore, in the given circumstances and looking to the quantum of turnover, I hereby disallow a 7.5% amount out of the questioned expenditure claimed by the assessee in P L account as under:- S. No. Expenditu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he revenue authorities for the purposes of determining the profit of the assessee. 9. On the other hand the CIT DR, at we vehemently oppose the granting of fresh opportunity of hearing to the assessee. He had submitted that the assessee has not given any plausible reason for not filing the document before the revenue authorities, therefore the assessee is not entitled to fresh hearing. 10. We have considered the rival contention of the parties and perused the material available on record, including the judgments cited at bar during the course of hearing by both the parties. A perusal of the impugned order confirms the fact that the CIT(A)/AO decided the case of the assessee on the basis of the material available on record and have not ..... X X X X Extracts X X X X X X X X Extracts X X X X
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