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2023 (3) TMI 1147 - AT - Income TaxReopening of assessment u/s 147 - addition of other receipts u/s. 68 r.w.s. 115 BBE - During course of search in the inquiry conducted it was gathered that that Dineshchandra R. Agarwal Infracon Private Limited has generated unaccounted money by way of booking bogus Sub-contractors Expenses and assessee is one of the entity who has received amount against expenses incurred by such concern as subcontractor expenses - HELD THAT:- No discussion in the assessment order about the tangible material or statement the addition made. It is based on the general information received the assessment was re-opened. Assessee demonstrated before us that he has discharged primary onus casted upon him and has proved the performance of the work and the same is supported by the tangible evidence placed on record. The records so produced was not disputed but also not tested for its correctness and in the absence of these exercise the documents placed on record cannot be placed a side and the decision be made merely based on some information on which there is no basis discussed or confronted to the assessee. Allegation of work that is disputed by the revenue considering that the same are bogus in nature cannot be considered so because the assessee has demonstrated before us with the work order issued by M/s. Dineshchandra R. Agarwal Infracon Private Limited wherein the address of the work is mentioned as “Painting Runway Airfoce Station, Nal Site Bikaner” and work at “Runway resurfacing project AT Nal AF station Bikaner”. Both these work were required to be carried out at the Nation pride military organization and the entry and attention are strictly monitored and therefore, there is no reason to be believe that though M/s. Dineshchandra R. Agarwal Infracon Private Limited may be indulged in booking for some bogus expenditure but in this case the primary material does not suggest so and in spite of the relevant material placed by the assessee the revenue did not prove that the work has not been carried out - allegation made by the revenue is general in nature and the addition of the whole of the receipt is not warranted. No hesitation to vacate the addition made by the ld. AO for an amount as the assessee has already declared profit @ 8 % of the receipt as it evident from the finding of the ld. AO. In terms of these observations the ground no. 2, 3 and 4 are allowed.
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