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TMI Blog2023 (9) TMI 1533X X X X Extracts X X X X X X X X Extracts X X X X ..... sputed by the AO in the remand report, thus, the addition which is covered by the additional income offered by the assessee has been rightly deleted by the CIT(A), by relying upon the various decisions mentioned in his order, which in our opinion does not need any interference on our part. Therefore, we affirm the finding of the Ld. CIT(A) on the issue in dispute and dismiss the ground no. 1 raised by the Revenue. Addition of additional income offered by the assessee which was on the basis of peak amount calculated and after taking into consideration the entire documents seized during the survey which is covered by the additional income offered by the assessee, the addition made by the AO has been rightly deleted by the Ld. CIT(A), by relyi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted by the CIT(A), by relying upon the various decisions mentioned in his order, which does not need any interference on our part. Hence, we affirm the finding of the Ld. CIT(A) on the issue in dispute and dismiss the ground no. 4 raised by the Revenue. - SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER AND SHRI ANUBHAV SHARMA, JUDICIAL MEMBER For the Appellant : Shri Rajendra Sharma, Adv. For the Respondent : Shri Surendra Pal, CIT(DR) ORDER PER SHAMIM YAHYA, AM : The Revenue has filed this appeal against the order dated 09.05.2017 passed by the Ld. CIT(A), Gwalior relating to assessment year 2012-13 on the following grounds:- 1. Whether on the facts and in the circumstances of the case, the Ld. CIT(A) has erred in law and in fact in deleting the ad ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... are that assessee is a partnership firm and during the year under consideration it was engaged in the business of civil construction and other government and private contracts. It filed its return of income on 08.02.2013 showing total income of Rs. 7,13,88,960/-. Later Assessee s case was selected for scrutiny under the CASS and notice u/s. 143(2) of the Act was issued on 8.8.2013 which was served upon the assessee on 14.8.2013 through a notice server and the case was fixed for hearing on 22.8.2013 and notice u/s. 143(2) was issued on 13.9.2013 which was also served upon the assessee through a notice server on 20.9.2013. Subsequently, notice u/s. 142(1) of the Act was issued on 9.4.2014 alongwith the preliminary questionnaire which was duly ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the materials are purchased either by the assessee or by the sub contractors. During the assessment proceedings, the assessee filed an explanation in respect of each entry and papers and also filed the calculation of his peak amount of investment worked out from all the seized material and offered Rs. 5,28,50,428/- towards its extra income which were calculated after taking into consideration all the loose papers, diaries etc. and submitted that the amount either related with the expenses or with receipts are written in so many loose papers and Yadasht register, which are not unexplained amount so as to attract the provisions of Section 69A of the Act, but the AO was not satisfied with the explanation offered by the Assessee and has comple ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nation, hence, the additions were rightly added to the total income of the assessee. Therefore, he requested that appeal of the Revenue may be allowed accordingly. 5. On the contrary, Ld. Counsel for the assessee relied upon the order of the Ld. CIT(A) and stated that Ld. CIT(A) has passed a well reasoned order on the basis of the facts and circumstances of the case; in accordance with provisions of law and after taking into consideration of the remand report and the replies of the assessee and rightly deleted the additions in dispute, which does not need any interference. Therefore, he requested to dismiss the Revenue s appeal by upholding the order of the Ld. CIT(A), Gwalior. 6. We have heard both the parties and perused the impugned orde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nts seized during the survey which is covered by the additional income offered by the assessee, the addition made by the AO of Rs. 3,33,76,791/- has been rightly deleted by the Ld. CIT(A), by relying upon the various decisions mentioned in his order, which does not need any interference on our part. Hence, we affirm the finding of the Ld. CIT(A) on the issue in dispute and dismiss the ground no. 2 raised by the Revenue. 6.3 As regards addition of Rs. 1,25,85,150/- on account of disallowance u/s. 40A(3) of the Act is concerned, we note that the provisions of section 40(a)(ia) and section 40A((3) is applicable only if the assessee has claimed the cash payment as expense, however, in the instant case the assessee has not claimed the payment of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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