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TMI Blog2018 (12) TMI 38X X X X Extracts X X X X X X X X Extracts X X X X ..... i Kumar, DR ORDER PER SMT. P. MADHAVI DEVI, J.M. This is assessee's appeal for the A.Y 2009-10 against the order of the CIT (A)-2, Hyderabad, dated 31.03.2016. The assessee has raised the following grounds of appeal: "1. The order of the learned CIT (A) is erroneous to the extent it is prejudicial to the appellant. 2. The learned CIT (A) erred in confirming the action of the AO in estimatin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 50/-. During the assessment proceedings u/s 143(3) of the Act, the AO observed that the relevant A.Y is the first year of the business of the assessee and from the balance sheet, it was observed that the assessee has introduced a capital of Rs. 21,05,152/-. A survey u/s 133A was conducted in the business premises of the assessee on 25.03.2010, during the course of which, the assessee gave a statem ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ,152/-. 3. The AO also asked the assessee to explain the basis for recording the sale in the books of account and asked him to produce the relevant details. The assessee submitted that in this type of business, it is not possible to maintain the bills and therefore, the AO estimated the net profit of the sale of beverages at 3% of the goods put to sale. With regard to the sources for investment, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o this extent is confirmed. As regards the addition of Rs. 18.00 lakhs towards unexplained investment is concerned, the learned Counsel for the assessee placed reliance on the judgment of the Hon'ble Supreme Court of India in the case of CIT vs. Bharat Engg. & Construction Co. reported in (1972) 83 ITR 0187 wherein the Hon'ble Supreme Court held that the unexplained cash credit entries in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e fee. The assessee has made the payment of Rs. 18.00 lakhs towards the first instalment of the license fee and therefore, such an amount cannot be treated as unexplained income from the business of the assessee. This is the capital introduced by him and if at all, it can only be the income from the earlier years and not from the relevant previous year. Therefore, respectfully following the judgm ..... X X X X Extracts X X X X X X X X Extracts X X X X
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