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TMI Blog2013 (3) TMI 862X X X X Extracts X X X X X X X X Extracts X X X X ..... ected against the order of ld. CIT(A), Gwalior dated 02.11.2012 for the assessment year 2009-10, challenging the order of the ld. CIT(A) in confirming the addition of ₹ 7,46,710/- on account of disallowance of labour expenses and addition of ₹ 50,000/- on account of disallowance out of various expenses. 2. The AO found that the assessee has incurred labour expenses in a sum of ͅ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er hand, the ld. DR relied upon the orders of the authorities below. 4. We have considered the rival submissions and perused the findings of the authorities below. The assessee has filed return of income at ₹ 43,10,930/-. The assessee is a contractor and deriving income from civil contract business and rental income. During the year under consideration, the AO found that the assessee has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itors and also made surrender of ₹ 21,77,485/-, which was added to the income of the assessee. Thus, the addition was not challenged before the ld. CIT(A). If the said addition of ₹ 21,77,485/- is added to the book results of the assessee/returned income, the profit rate of assessee would further enhance considerably, which would be near to the deemed profit even as per section 44AD of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be sustained. Considering the history of the assessee as noted above and the book results declared and further additions made on account of sundry creditors and that only adhoc additions have been made by disallowing expenses, we do not find any justification to sustain the orders of the authorities below in making or confirming the disallowance of expenses above. The orders of the authorities bel ..... X X X X Extracts X X X X X X X X Extracts X X X X
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