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TMI Blog2025 (2) TMI 82X X X X Extracts X X X X X X X X Extracts X X X X ..... ncome on presumptive basis under provisions of section 44AD of the Act. Revenue has not disputed the fact that the assessee is an eligible assessee under provision of section 44AD. Once, the return of income has been filed under the special provision of section 44AD of the Act, the assessee cannot claim deduction allowable under provisions of section 28 to 43C of the Act. Assessee u/s. 44AD of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion for condonation of delay supported by an affidavit. After perusal of the same, I am satisfied that delay in filing of appeal is not intentional, but is for the reasons stated in the petition which appears to be bonafide. Hence, delay in filing of appeal is condoned and appeal is admitted for hearing on merits. 2. The assessee in appeal has assailed addition of Rs.11,25,140/- confirmed by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the expenditure claimed. 5. It is an undisputed fact that the assessee has filed return of income declaring income of Rs.8,23,920/- on presumptive basis under provisions of section 44AD of the Act. The Revenue has not disputed the fact that the assessee is an eligible assessee under provision of section 44AD of the Act. Once, the return of income has been filed under the special provision of sect ..... X X X X Extracts X X X X X X X X Extracts X X X X
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