2012 (4) TMI 673

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....e Ld. CIT (A), Thane dated 28.02.2011 for the A.Y. 2002-03. The assessee has taken the following effective ground: "On the facts and circumstances of the case and in law the Ld. CIT (A) erred in confirming the entire addition of ` 1,57,569/- made by the Ld. A.O. in respect of alleged inflated labour charges without appreciating the fact that the appellant had paid consolidated charges to ....

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.... various persons were found and the same were ceased. Statement of Shri Kalpesh Gada son of the assessee was recorded u/s.132(4) of the act on 12.07.2007. As observed by the A.O. Shri Kalpesh Gada admitted that they were involved in inflating the expenses of M/s. Appu Textiles and M/S. K.K. Enterprises. It appears that Shri Kalpesh Gada further stated that inflation of expenses of M/s. Appu Textil....

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....said addition was confirmed by the Ld. CIT (A). The Ld. Counsel submits that in the case of Shri Kalpesh B. Gada the Tribunal has restored the issue to the file of the A.O., hence, in this case also the issue may also be restored to the file of the A.O. The Ld. Counsel filed a copy of the Tribunal order in the cases of Mr. Alpesh B. Gada vs. ITO (Central) Thane and K.K. Tex Enterprises vs. ITO (Ce....

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.... Tribunal in M/s. B.K. Tex Corp. and Mr. Bhagwan G. Gada (supra), has come to a conclusion that labour charges could be allowed by adopting ` 3.00 per meter. As the evidence in the seized material, in the case on hand, is leading us to a conclusion that the expenditure is more than ` 3.00 per meter laid down by the Bench, as Mr. Alpesh B. Gada suggested by both the parties, we restore the matter t....