SHANTI DEVI,LAKHISARAI vs. ITO, WARD-2(5), LAKHISARAI

PER BENCH (Oral):- These six assessee’s appeals for assessment year(s) 2010-11 to 2015- 16 arise against the Commissioner of Income Tax (Appeals)-Bhagalpur’s separate order(s) dated 30.12.2016 & 18.03.2016 involving proceedings u/s 147 r.w.s. 143(3) of the Income Tax Act, 1961; in short ‘the Act’. Cases called twice. None appears at the assessee’s behest. It is accordingly proceeded ex parte. The cases are now taken up for adjudication on merits.

ITA Nos.286-291/Pat/2018 A.Ys.2010-11 to 2015-16 Shanti Devi Vs. ITO Wd-2(5), Lakhisarai Page 2 ₹4,61,743/-, ₹4,38,352/- & ₹6,36,456/-; respectively (assessment year-wise). Learned departmental representative has invited our attention to both the lower authorities detdailed discussion going by the DVO’s report indicating the unexplained investments in issue. He fails to dispute the clinching fact that neither of the lower authorities as well as DVO have not taken into consideration the assessee’s various factors as well as self-supervision and cheap labour rate(s) forming majority of the impugned expenses. We therefore apply thumb rule to restrtict the impugned estimated cost of constdruction addition to the extent of 60% in all these assessment years with a rider that same shall not be taken as a precedent in any other. Learnded Assessing Officer is directed to frame consequential computation as per law.