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2022 (1) TMI 407 - ITAT HYDERABADDisallowance of Repair and maintenance expenditure claim to the extent of 20% - addition due to lack of sufficient cogent evidence - HELD THAT:- The very factual position has continued before the tribunal as well wherein neither this taxpayer has filed all necessary evidence are the repair & maintenance heads nor there is any justification in the impugned estimated disallowance at much higher rate of 20%. We thus conclude that a lumpsum estimation of 10% of the impugned claim would be just and proper with a rider that the same shall not be treated as a precedent. The assessee gets 50% relief. Necessary computation shall follow as per law. Appeal partly allowed in forgoing terms. Capital gain computation - Disallowing its development expenditure - HELD THAT:- Learned Counsel vehemently reiterated the assessee's pleadings that it had executed the corresponding development/improvement work regarding its land held as a capital asset and therefore, both the lower authorities ought to have allowed the same. We find no merit in the assessee's instant sole substantive ground as it is noticed that there is hardly any supportive evidence apart from self serving expenditure vouchers which are in the nature of payee's outstanding adjustments only. There is not even a photograph of the works executed attached along with the necessary details as to what was the alleged improvement carried out in the corresponding capital asset so as to be eligible for deduction u/s. 48 r.w.s. 49 of the Act. We thus hold that the assessee's instant arguments do not deserve to be accepted since supported by self-serving vouchers turning out be adjustment entries only. Undisclosed income - survey operation conducted u/s. 133A - HELD THAT:- CIT(A) has gone by the Assessing Officer's remand report which indicates that the DCIT, Circle 16(2) had clarified before the CIT(A) that its office was not having the corresponding documents impounded during the course of survey. The CIT(A) termed the said alleged remand report to have supported the assessee's case which totally appears perverse conclusion therefore. We next notice from assessee's as well as department's detailed paper books respectively that not only the former had entered into various MOUs/agreement with M/s. Radha Reality Corp. India (P) Ltd.; as per the impounded documents forming subject matter of addition, but also there were civil suit proceedings before the learned Civil Court at LB Nagar between the vendor and the vendee parties. The said pleadings finally culminated in a compromise petition prima facie revealing that the assessee had indeed received the impugned undisclosed income amount from the vendee party by way of multiple development agreements. And also that the corresponding impounded documents onwards prima facie contain not only the assessee's seal but also signature of the authorized person which the Revenue claims to be covered u/s. 292C(1)(iii) of the Act having presumption of correctness. Be that as it may, the fact remains that the CIT(A) has brushed aside allay of the foregoing materials forming part of the case file merely on the basis of a non-existent supportive remand report in above terms. Faced with this factual situation, we deem it appropriate to restore the Revenue's instant grievance back to the CIT(A) for afresh adjudication
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