Banna Lal Jat Constructions (P) Ltd. v. Dy. CIT (2019) 174 DTR 225 (Jaipur)(Trib.)

S. 132(4) : Search and seizure-Statement on oath–surrendered income– Expenses computed–irregularity in accounts–addition is not justified.

The assessee was conducted and the statement of the assessee was recorded U/s 132(4) of the Act thereby surrendering Rs. 1,67,00,000/-on account of unaccounted expenditure of the assessee. During the course of the assessment proceedings, the AO noted that the actual account of expenditure recorded in the seized material is Rs. 1,73,72,171/-and there is excess expenditure of Rs. 6,32,171/-which was added to the income of the assessee. The Ld.CIT(A) restricted the addition by apply the NP @ 13.28% which comes to Rs. 83,952/-. The Tribunal held that the amount of Rs. 83,952/-is also covered by the miscellaneous surrendered by the assessee on account of the sundry / irregularity in the accounts of the assessee. Accordingly, without going into the other contention raised by the assessee, the addition is not justified and the same is deleted. (AY. 2010-11, 2011-12, 2015-16)