ASHOK AGARWAL,AGRA vs. A.C.I.T., CIRCLE-1(1)(1), AGRA

(िनधा�रणवष� / Assessment Year:2015-16) बनाम/ Shri Ashok Agarwal ACIT, Circle 1(1)(1), 37, Bharatpur House, Agra. Agra. Vs. �थायीलेखासं./जीआइआरसं./PAN/GIR No. AAMPA-0709-J (अपीलाथ�/Appellant) : (� थ� / Respondent) अपीलाथ�कीओरसे/ Appellant by : Sh. Pankaj Gargh, Adv. – Ld. AR � थ�कीओरसे/Respondent by : Sh. Shailender Shrivastava – Ld. DR सुनवाईकीतारीख/Date of Hearing : 20-02-2025 घोषणाकीतारीख /Date of Pronouncement : 22.04.2025 आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member) 1. The assessee’s appeal is a recalled matter vide MA No.10/Agr/2020 for the limited purpose of adjudication of Ground Nos. 7 & 8. It could be seen that assessee’s appeal was disposed-off by Tribunal vide common order dated 22-03-2019. The assessee preferred misc. application MA No.10/Agr/2019 on the ground that ground nos. 7 & 8 were not adjudicated by Tribunal. The same was accepted by the bench in its order dated 22-09-2023. Accordingly, the appeal has come up for fresh hearing for limited purpose of adjudication of ground nos. 7 & 8. In these grounds, the assessee challenges arbitrary 10% disallowance of expenses as claimed u/s 54 of the act. Upon perusal of para-8 of the assessment order, it could be seen that the assessee claimed various construction expenses while computing capital gains. The Ld. AO opined that expenditure on lift, CCVT, Service of AC do not form part of the construction and accordingly, on estimated basis, Ld. AO disallowed Rs.25 Lacs on adhoc basis. The Ld. CIT(A) restricted the same to the extent of 10% of total expenses which worked out to Rs.4.80 Lacs. Aggrieved, the assessee is in further appeal before us.