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2014 (12) TMI 133 - ITAT HYDERABADVarious additions made - AO disallowed various amounts only of sub-contracts given by assessee and in some cases monies seems to have deposited or advanced to the Directors of the assessee company – Held that:- There is no objection for estimation of income by the Revenue – Revenue contended that the CIT(A) should have excluded the amounts on which there is clinching evidence against the assessee regarding non-execution of work or unexplained expenditure - Neither the A.O. nor the Addl. CIT(A) in the remand report indicated or quantified the amounts on which there was clinching evidence against the assessee - revenue could not point out any of those clinching evidences which are to be excluded from the turnover or to be brought to tax separately - In the absence of any quantification of the amounts either by the AO or by the Addl. CIT in their reports or before the tribunal by any particular means - CIT(A) seems to have examined all the issues, accepted part of the findings of the AO that the sub-contracts are only name sake - as both the authorities of Revenue accepted the estimation of income and as CIT(A) resorted to estimation based on the norms already been formed in this regard i.e., estimation of income at 12.5% on the main contracts and 8% on sub-contracts undertaken, there is no reason to interfere with the order of the CIT(A) – the order of the CIT(A) is upheld - since Revenue has not questioned the estimation at the rates and since no evidence has been filed to establish the clinching evidence of non-execution of contract work or unexplained expenditure, the grounds raised by the Revenue do not require any consideration on merits – Decided against revenue.
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