In the result, the appeal of the assessee and the revenue are disposed off with above directions
capital expenditure u/s 37 should have been factored in by the AO while estimating the net profit @ 12.5% and replacing the net profit u/s 29 determined by the assessee and hence, separate addition on this account is not warranted. Hence, the said findings of the ld CIT(A) is set-aside and the ground no. 4 of assessee’s appeal