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2021 (7) TMI 941

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..... acie. Therefore deem it appropriate in these peculiar facts and circumstances that a lumpsum addition of ₹ 3.5 lakhs only than that in issue amounting to ₹ 16,09,048/- would meet the ends of justice with a rider that the same shall not be taken as a precedent. The assessee gets relief of ₹ 12,59,048/- in other terms. - I.T.A. No. 1257/HYD/2016 - - - Dated:- 16-7-2021 - S. S. Godara , Member ( J ) And Laxmi Prasad Sahu , Member ( A ) For the Appellant : S. Rama Rao , AR For the Respondents : Sunil Kumar Pandey , DR ORDER Per S. S. Godara , JM This assessee's appeal for AY. 2003-04 arises from the CIT(A)-10, Hyderabad's order dated 17-06-2016 passed in appeal No. 0329/CIT(A)-10/2015-16, i .....

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..... the contractors and the profit element of the contractor is more than 10% and, therefore, the deduction towards self supervision of more than 10% is to be allowed. 8) The learned CIT(A) erred in confirming the action of the Assessing Officer in not allowing depreciation on the building. 9) Any other ground or grounds that may be urged at the time of hearing . 3. Learned counsel states at the outset that the assessee no more wishes to press for the first and foremost substantive issue of addition on account of house hold expenses of ₹ 38,000/- keeping in mind smallness thereof. Rejected accordingly. 4. We are now left with the latter issue of cost of construction addition of ₹ 16,09,048/- on account of the allege .....

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..... consideration the alleged difference between the state and CPWDs rates as well as assessee's self-supervision and cost of raw material at the relevant point of time. And also it has come on record from a perusal of the municipal construction permissions as well as house tax assessment proceedings that the impugned construction had not been completed in the impugned AY. 2003-04 prima facie. We therefore deem it appropriate in these peculiar facts and circumstances that a lumpsum addition of ₹ 3.5 lakhs only than that in issue amounting to ₹ 16,09,048/- would meet the ends of justice with a rider that the same shall not be taken as a precedent. The assessee gets relief of ₹ 12,59,048/- in other terms. Ordered accordingl .....

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