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2010 (9) TMI 151

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..... conceal the cost of construction because cost of construction had not to be incurred from its own account - The AO failed to bring any evidence exhibiting the circumstance the circumstance that assessee had actually incurred the expenses – Appeal is dismissed. - 1329/2010 - - - Dated:- 10-9-2010 - CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE MANMOHAN Mrs. Prem Lata Bansal, A .....

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..... ntries recorded in the seized materials were mere projections. 3. Having heard the learned counsel for the revenue and having perused the appeal papers, we are of the view that the issue raised in the present appeal is essentially a question of fact. The final fact finding authority namely, the Tribunal has given cogent reasons for arriving at its factual conclusion. The relevant observations of .....

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..... document. On a plain reading of the entries recorded in this document nowhere suggest that assessee has actually incurred the expenses amount to Rs.1,35,87,866/- on the construction of the farmhouse and Rs.42,86,880/-. Thus in our opinion, Ld. First Appellate Authority has appreciated the facts and circumstances emerging out from this document in right perspective. Wherever against any entry expre .....

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..... d to bring any other evidence exhibiting the circumstance the circumstance that assessee had actually incurred the expenses. Thus after going through the order of Ld. CIT(A) we do not find any reason to interfere in it because Ld. First Appellate Authority has taken into cognizance, the notings found in the paper in right perspective." 4. Consequently, the present appeal being bereft of merit, .....

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