The Tribunal held that he Assessing Officer had not brought any material to show that the expenditure was claimed twice through sub-contract works and by the assessee debiting the expenditure separately to the profit and loss account. No evidence was found by the Assessing Officer, except the statement recorded under section 131 of the Act, in spite of conducting the survey in the business premises of the sub-contractor. In the absence of any positivte evidence to show that the expenditure was not incurred or debited twice, there was no reason to interfere with the order of the Commissioner (Appeals). (AY.2015-16, 2017-18)
ACIT v. Navaratna Estates (2021) 91 ITR 397 (Vishakha)(Trib.) ACIT v. Vision Town Planners Pvt. Ltd. (2021) 91 ITR 443 (Delhi) (Trib.)
S. 153C : Assessment-Income of any other person-Search-No incriminating material was found during search-Statement of third party not sufficient to fasten any liability upon-Addition is deleted. [S. 131, 132]