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2023 (4) TMI 326 - AT - Income TaxAddition u/s.69C - unexplained expenditure In housing project - HELD THAT:- We find that there are two-set of work being carried out. One relates to regular kitchen work as part of the arrangement between the assessee and the customers and secondly, where there is requirement of any additional or specific kitchen work to be done as so required by the customers. The regular kitchen work was done by the assessee through Koncept Kitchen and Decorators, and the specific kitchen work was got done by the respective customers through M/s Mehak Enterprises which the assessee might have facilitated. The affidavit of partner of M/s Mehak Enterprises where he admits this fact and also the contents of the paper which has been found and impounded and the fact that the payments have been made directly by the Customers. Nothing has been brought on record to rebut the same. Though the paper has been found from the premises of the assessee, where the assessee has given an explanation that the work has been got done by the customers through M/s Mehak Enterprises which is corroborated by the affidavit of Shri Sanjeev Angra, the same cannot be held against the assessee and thus, the addition cannot be made in the hands of the assessee. In the result, the ground of appeal is allowed. Addition made on estimate basis for enhancing the N.P. rate - Admittedly, the facts and circumstances of the case are identical to A.Y 2009-10 as can be seen from the order of the lower authorities, therefore, the order and the findings of the Coordinate Bench in assessee’s own case for A.Y 2009-10 [2016 (12) TMI 747 - ITAT CHANDIGARH] the addition so made by estimating a higher NP rate is directed to be deleted. The ground of appeal is thus allowed in favour of the assessee. Addition u/s 68 - addition on the basis of seized documents - HELD THAT:- On perusal of records, we find that the payment of Rs 9,30,000/- relates to sale of flats which have been sold by the assessee to Goyal brothers. The sale deeds in respect of these flats were registered on 24/08/2007 and all the payments totaling to 59,30,000/- including the payment of 9,30,000/- was received prior to registration of the sale deed. Therefore, we agree with the contention of the ld AR that the payment of Rs. 9,30,000/- can only be considered in A.Y 2008-09 and not in the impugned assessment year 2010-11. The addition so made in the impugned assessment year is therefore directed to be deleted.
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