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2012 (11) TMI 339 - ITAT, CHANDIGARHAddition on account of Deposit Work – Held that:- There is no evidence on record to establish that the amount invested in FDRs belong to the Market Committee and not to the appellant and therefore, as per him, the interest earned by the assessee has been rightly assessed in the hands of the assessee - In view of the absence of evidence and also the precedent in assessee's own case, no justification to interfere with the order of the CIT(Appeals) - Ground raised by assessee is dismissed. Additions on account of sale of tender forms and establishment fees, paid to the contractor – Held that:- In the immediately preceding assessment year, the issue was decided against the assessee and following the same, impugned addition has been upheld. The said position continues even before us and there is no material brought on record by the appellant to the contrary - Ground raised by appellant are dismissed as being bereft of merit. Addition on account of sums received from HRDFA – Held that:- The appellant had shown these as capital receipts whereas the AO had treated it to be revenue receipts. The appellant has challenged he addition stating that the amount in question is a contribution received from a charitable trust whose income is exempt u/s 12A of the I.T. Act. However, there is no merit in this submission as the nature of the receipts in the hands of the appellant is revenue irrespective of the source from where it has been received. The AO's action in treating these receipts as revenue receipts is upheld - ground of appeal is dismissed. Addition on account of hiring charges, in respect of tools and Plants - Appellant had treated this income as capital receipts stating that these have been received in connection with the capital work undertaken by the appellant on behalf of the market committees. The AO however treated these to be a Revenue receipts. The appellant has not elaborated as to how the AO's action in treating these receipts as Revenue receipts is against law. Therefore, the action of the AO in treating the receipts form hire charges of tool & plants is revenue receipts is upheld - This ground of appeal is dismissed. Addition on account of honorarium paid to the Chairman – Held that:- Addition has been made on the ground of non-filing of the details, in the matter. In view of this, it would be fair and reasonable to restore the issue, to the file of the AO, for fresh adjudication of the issue, as per law, after obtaining necessary details, in the matter. The assessee is requested to render necessary cooperation to the AO, in the matter. However, it is incumbent upon the AO to afford reasonable opportunity to the assessee. Accordingly, this ground of appeal of the assessee is al lowed for statistical purposes - In the result, appeal of the assessee is partly allowed.
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