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Case Law Details

Case Name : M/s Vijay Infrastructure Limited Vs ACIT (ITAT Lucknow)
Appeal Number : Income tax (Appeal) no. 254 of 2015 and Cross Appeal Nos. 12 & 13 of 2015
Date of Judgement/Order : 30/10/2015
Related Assessment Year :
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Brief of the Case

ITAT Lucknow held In the case of M/s Vijay Infrastructure Limited vs. ACIT that on the basis of general observations, without pointing out even a single specific defect in the vouchers or books of accounts, ad hoc disallowance made by Assessing Officer is not justifiable. General observation of the A.O. that the vouchers are self-made cannot be a basis for addition. At best, it can be a starting point for enquiry but if the vouchers were defective, the Assessing Officer should have pointed out the defects and should have asked the assessee for a reasonable explanation, which is missing in current case, hence addition, is not justified.

Facts of the Case

Addition on account of seized material

 During the course of search a register inventoried was found from the residence of Shri Abusad Ahmad and seized. The seized documents are a register belonging to the assessee (M/s Vijay Express Way Engineers Pvt. Ltd.) and which has entries of huge amounts received/paid from/to various persons. At some places name of one Shri Vikas Singh is mentioned. At other place entry like “DD received from Aligarh” is mentioned. On page 95 entry of cash payment totaling Rs.74,00,000/- and Rs.6,12,863/- to ‘Jhaji’ is made. On the same page entry of Rs.1,61,043/- against ‘S. S. Singh is mentioned.

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