Assistant Commissioner of Income Tax, Central Circle, Kota vs. Banas Builders and Developers LLP, Jhalawar
In the result the appeal of the revenue in ITA no
ITA 269/JPR/2024[2018-19]Status: DisposedITAT Jaipur03 Dec 2024AY 2018-19
Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)
For Appellant: Sh. Rajendra Jain (Adv.) (V.C)For Respondent: Smt. Alka Gautam, CIT-DR (V.H)
Section 153ASection 250Section 69B
…s 2008 TaxPub (DT) 2359 (Chd-Trib) : (2007) 105 ITD 0045 it is held that it was for the revenue to establish that fabrication charges were not accounted for in the regular books of account maintained by the assessee. In Gautam Laljibhai Gajjar vs. ITO (1991) 37 ITD 514 (Ahd-Trib.), it is held that it must be factually established by the Revenue that the real investment made was more than what was stated in the invoices. However, in the present case, the ld. AO did not bring on record any material and tangible evidence to prove that the appellant-assessee has actually made any unaccounted investment in the immova…