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TMI Blog2021 (2) TMI 637X X X X Extracts X X X X X X X X Extracts X X X X ..... e, for want of jurisdiction and various other reasons and hence, the same kindly be deleted. 2. Rs. 5,00,000/-: The ld. CIT(A) erred in law as well as on the acts of the case in partly confirming the disallowance of Rs. 5,00,000/- made by the AO on account of the development expenses out of total development expenses of Rs. 45,92,528/-. The disallowance so made & partly confirmed by the ld. CIT(A), is contrary to the provisions of law and facts hence, kindly be deleted in full. 3. The ld. AO further erred in law as well as on the facts of the case in charging interest u/s. 234 of the Act. The appellant totally denies its liability of charging and withdrawal of any such interest. The interest so charged/withdrawn, being contrary to the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... count of development expenses out of total development expenses of Rs. 45,92,528/-. The ld. A/R also reiterated the same arguments as made by him before the ld. CIT(A) which are contained in para 4.2 of the CIT(A)'s order as under:- "4.2. (1) Development expenses Rs. 1162583/- incurred in cash: Out of Rs. 45,92,528/- development expenses Rs. 1162583/- paid to JDA for internal development charges, site plan charges, land cost under bsup, urban assessment and other charges levied by JDA. All these expenses supported by challan. Copy of these challan produced before L.A.O. in assessment proceeding by wide letter dated 05.11.2015. These was no leakage of revenue. Expenses are properly supported by challan. (2) Development expenses for R ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . We have heard both the parties. After having gone through the present case as well as the documents placed on record by the parties and orders passed by the revenue authorities, we find that during the year under consideration the assessee had incurred an amount of Rs. 45,92,528/- on account of development expenses in addition to purchases of Rs. 5,39,451/-. During the course of assessment proceedings, the assessee was asked to furnish the details of the development expenses and to produce the relevant supporting vouchers in this regard. The AO, on scrutiny of these expenses noticed that out of total expenses claimed at Rs. 45,92,528/-, the assessee had made payment of Rs. 34,29,945/- to three parties, namely, M/s. Kudaliya Construction C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al Thekedar and Shri Jagdish Narain Meena and are supported by invoices, copies of the same have already been placed on record in the paper book filed by the assessee. In the invoices nature of expenses have also been mentioned and all the bills are pacca bills and the TDS deducted on all these payments was admitted by the AO in the assessment order. Apart from this, the assessee has also produced confirmation of accounts of all three parties and the amount of Rs. 11,62,583/- was paid by the assessee to JDA. Copies of ledger account of development expenses along with supporting vouchers have been placed on record by the assessee in the Paper Book at pages 9 to 14, copy of relevant annexures of Audit Report along with Balance Sheet & Profit ..... X X X X Extracts X X X X X X X X Extracts X X X X
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