9911796707
TMI Blog2014 (3) TMI 854X X X X Extracts X X X X X X X X Extracts X X X X ..... Standing Counsel. ORDER 1. The assessee claims to be aggrieved by an order of the ITAT dated 07.12.2012, by which the disallowance to the tune of 3% which was sustained by the CIT (A) out of the disallowance of 15% made by the A.O. in respect of the expenditure claimed to have been incurred to the tune of Rs. 18,21,27,559/- was directed to be enhanced to 6% in an appeal filed by the Revenue. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the assessment year in question was of the view that the ad hoc disallowance of 15% of the amounts claimed was on the higher side. He, therefore, reduced the disallowance to 3%. The Revenue's appeal succeeded to the extent that the initial ad hoc disallowance of 15% - as directed to be brought down by the CIT (A) to 3% was directed to be enhanced to 6%. 3. It is contended by the assessee that t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s.93,62,79,794/- which includes purchase cost of Rs.18,21,27,559/- towards various construction material, the details of which have been provided at page 12 of the order of the learned first appellate authority. The factum of purchases from four disputed parties have been dealt with independently in para 8 onwards of the order of the learned CIT(A). The sole grievance of the Revenue is that the bi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... egate purchases was made. The learned CIT (A), keeping in view the past history of the assessee and other material, restricted the disallowance to 3%. Keeping in view the totality of facts and circumstances, assertion made by the learned respective counsels and the material available on record, the whole disallowance is based on estimation. To put an end to the litigation, the disallowance is rest ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ring that the matter hinges entirely on appreciation of facts. Moreover, the assessee itself did not appeal to the Tribunal against the disallowance of 3% sustained by the CIT (A), a position which can be prima facie taken as indicative of the reliability of its books and the evidence. 6. For these reasons, the Court finds no merit in the appeal; the same is accordingly dismissed, along with all ..... X X X X Extracts X X X X X X X X Extracts X X X X
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