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2018 (11) TMI 1239 - ITAT MUMBAIDisallowance of expenses w.r.t. payments made to K G N Enterprises for plaster work - notices u/s. 133(6) returned unserved - Held that:- The assessee did discharged its burden by bringing on record all necessary details and no addition to the income of the assessee by way of disallowance of expenses w.r.t. payments made to K G N Enterprises for plaster work is warranted merely based on suspicious and only ground that notices u/s. 133(6) returned unserved in the absence of other incriminating evidence in the possession of AO which could substantiate that this payments were bogus and merely accommodation entries were taken is not sufficient to discredit the version of the assessee. The payments were made to said party for plaster work which is directly related to business of the assessee and similar payments made to the said party in preceding year stood allowed by the AO itself in scrutiny assessment framed u/s 143(3) of the 1961 Act. Suspicion howsoever strong cannot take the place of proof is cardinal rule of jurisprudence. Thus, based on our above detailed discussions and reasoning, we are ordering for deletion of aforesaid additions to the tune of ₹ 9,15,043/- as was made by the AO and later confirmed by learned CIT(A). The assessee succeeds in this appeal. - Decided in favour of assessee.
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