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TMI Blog2019 (12) TMI 962X X X X Extracts X X X X X X X X Extracts X X X X ..... show cause, and without considering the schedule of property attached to the rent deed and without considering the corroborative documents." 3. Facts of the case, in brief, are that the assessee is a partnership firm engaged in the business of manufacturing and sales of window covering products, signage system, CRG Ceiling etc. It filed its return of income on 26.09.2010 declaring total income of Rs. 2,04,73,052/-. The AO during the course of assessment proceedings noted that the assessee has shown rental income of Rs. 28 lacs. On being called by the AO to file the details of rental agreement, the assessee filed two lease agreements, the details of which are as under :- (1) Dated 01.02.2008 between the assessee and M/s Intertec Buildi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e, therefore, held that the contention regarding annexures forming part of the lease agreements is incorrect, after thought and malafide and with clear motive to defraud the revenue. The AO accordingly calculated the rental income @ 5,00,000/- per month for the entire year. After allowing deduction u/s. 24 (a) of the Act to the tune of Rs. 18 lacs, the AO computed the rental income from the house property at Rs. 42 lacs. After deducting the admitted rental income of Rs. 19,60,000/-, the AO made addition of Rs. 22,40,000/-. 6. In appeal the Ld. CIT(A) upheld the addition made by the AO by observing as under :- "5.3 Ground No, 1: 5.3.1 The assessing officer has made the addition of Rs. 22,40,000/- to the total income of the assessee o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... can be easily held that the property can fetch minimum Rs. 5,00,000/- rent every month in subsequent years. Therefore the decision of the AO is justified and confirmed. 7. Aggrieved with such order of the CIT(A), the assessee is in appeal before the Tribunal. 8. The Ld. Counsel for the assessee submitted that as per the original agreement the assessee had let out the Industrial shed and the administrative shed @ 5 lacs per month. Referring to the copy of the letter addressed to the Superintendent, Central Excise, Range-27, Division-4, Noida, vide letter dated 01.08.2009, he submitted that the assessee had duly informed the excise authority that they have vacated certain portion of the premises at Udyog Vihar, Noida. He submitted that t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... riod of lease. Further there is no witness to the second lease deed made on 15.07.2009. Therefore, the explanation offered by the assessee is not borne out from record and, therefore, the action of the AO and the CIT(A) should be upheld. 11. The Ld. Counsel for the assessee in his rejoinder submitted that there is no evasion of tax and the assessee has filed contemporary documents. 12. We have considered the rival arguments made by both the sides, perused the orders of the AO and the ld.CIT(A) and the paper book filed on behalf of the assessee. We find the AO in the instant case made addition of Rs. 22,40,000/- to the total income of the assessee on the ground that the rental income of the assessee from the leased out premises should be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on offered by the assessee is not born out of records. The so called sketches are not signed by the notary. Therefore, these documents in our opinion are only self serving. The letter addressed to the Excise Superintendent also can be termed as self serving, since the copy of letter which is placed at page 63 of the paper book, does not bear the seal of the Excise Department where as the previous letter dated 30.10.2006 addressed to the excise department bears the seal of the department alongwith the designation of the person who has received it. Therefore, it is only a piece of paper ment for self serving. In view of the above discussion and in view of the detailed order passed by the CIT(A) on this issue, we find no infirmity in the same. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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