2009 (2) TMI 126

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....pellant. Pushya Sitaraman for the respondent. JUDGMENT The judgment of the court was delivered by K. RAVIRAJA PANDIAN J.- The appeals are filed against the order of the Income-tax Appellate Tribunal, Madras "B' Bench dated January 12, 2007, made in I. T. SS. A. Nos. 87/Mds/2005 and 98/Mds/2005 for the assessment year April 1, 1990, to September 26, 2000 (block period). The substantial question....

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....is correct in law in concluding that the expenses incurred were illegal, camouflaged as labour / construction expenses in spite of the contradictory evidence available in the seized records especially in the light of the definition of undisclosed income in section 158B(b) of the Act? 2. The facts of the case are as follows: 3. The assessees is engaged in the construction of residential flats at ....

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....of land and extra amenities provided in the flats. Out of these certain amounts had already been accounted for in the earlier years' books of account leaving a balance of Rs. 39,68,999 and towards this the assessee offered a sum of Rs. 40 lakhs as undisclosed income. However, the Assessing Officer after considering the assessee's explanation and evidences proceeded to estimate the cost of construc....

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....oner of Income-tax (Appeals) failed to note that the cash expenses incurred to an extent of Rs. 95,08,500 represent illegal expenditure, which are prima facie disallowable particularly, view of the fact that the quantum of inflation has been arrived at by the Assessing Officer with reference to the average cost per sq. ft. of construction. There was also no answer from the assessee's counsel befor....