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11,894 cases — bench: Ahmedabad
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The Tribunal found that disallowing the entire contract expense was not justified, as it led to taxing the entire contract receipt. The Tribunal noted the assessee's submission that no contract work was executed and the amount was not received, supported by bank statements. Therefore, the matter was set aside to the AO for verification.
The Tribunal held that the sale deed was declared void by the Civil Court due to fraud and non-payment of consideration. The Tribunal noted that no inquiry was made by the AO from the buyers, nor was any evidence produced for the receipt of sale consideration by the assessee. The mere pendency of an appeal before the High Court did not justify the addition, especially since the sale transaction was declared void.
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The Tribunal held that the original assessment order under Section 147 r.w.s. 144 was set aside by the NFAC to the Assessing Officer for re-examination. Consequently, the subsequent order under Section 154 r.w.s. 147 also ceased to survive and the appeal against it became infructuous.