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2015 (4) TMI 178 - AT - Income TaxUnexplained investment in building - difference in the cost of construction shown by the assessee and that determined by the D.V.O. on the basis of reference made u/s 142A - CIT(A) deleted the addition - Held that:- No defect in the books of accounts has been pointed out by the department. The fact of assessee incurring expense of ₹ 10,35,797/- during the period 2007-08 & 2008-09 assessment years has not been factored in by the DVO. The finding on record in regard thereto has not been upset by the Revenue in any manner before us. The application of rate by way of applying CPWD rates which are applicable to First class godowns as opposed to the quality of construction supervised by the assessee being entirely different stand unassailed on record. Whereas the specific difference in regard to the quality of construction, number of bays, quality of rate proof platforms etc. which are considered in the case of godowns were found not applicable to the quality of construction of the assessee also remains unassailed - Decided in favour of assessee. Fall in G.P. rate - failure to furnish evidence for claim of production of chhilka and driage, fall in production of rice and under valuation of closing stock of bardana - CIT(A) deleted the addition - Held that:- No good reason to interfere to the order of the CIT(A) where evidently books of accounts had not been rejected and no defect in the books of accounts maintained has been pointed out either by the AO or the Sr. DR in the present proceedings. In the afore-mentioned peculiar facts and circumstances, in the absence of any specific argument in the facts as they stand we dismiss the departmental ground. - Decided in favour of assessee. Non deduction of TDS as required u/s 194C - CIT(A) deleted part disallowance u/s 40(a)(ia) - Held that:- CIT(A) correctly upheld the disallowance of the payment of ₹ 45,000/- as it was a payment against a single builty. However qua the payment of ₹ 36,000/- claimed by the assessee he found that it consisted of payment against three freight vouchers of ₹ 12,000/- each and hence consisted of three independent contracts consequently he concluded that TDS was not required to be deducted. - Decided in favour of assessee in part.
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