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2015 (7) TMI 480

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..... ade an observation that some earth filling work was done, that is to say, the claim of the assessee was partly accepted by the assessing officer though he disallowed the expenditure in toto. The assessing officer’s order was examined by the CIT(A) and he was of the opinion that the expenditure was partly allowable. The view has been accepted and confirmed by the learned Tribunal. On a question .....

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..... #8377; 2.10 crores on account of earth filling. Other disallowances were also made. Aggrieved by the order, the assessee preferred an appeal. The CIT(A) after hearing the parties allowed the appeal partly. He restricted the disallowance of the aforesaid sum of ₹ 2.10 crores to 20% thereof. The other expenses disallowed by the assessing officer were also partly allowed. The order of the CIT(A .....

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..... preting the nature and computation adopted in respect of the addition made as under valuation of stock by the Assessing Officer of an amount of ₹ 2,13,440/- (c) Whether on the facts and in the circumstances of the case the Learned Income Tax Appellate Tribunal, C Bench Kolkata erred in law upholding the order of CIT(A) in restricting the disallowances at 25% of ₹ 11,32,358/- on .....

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..... mination is whether the order passed by the CIT(A) and subsequently confirmed by the learned Tribunal is perverse. Mr. Dudhoria, learned advocate, appearing for the revenue/appellant, has not disputed the fact that the assessing officer himself made an observation that some earth filling work was done, that is to say, the claim of the assessee was partly accepted by the assessing officer though .....

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