2026 (4) TMI 103

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....1-12. The assessment order in this appeal is passed by the Assessing Officer [for short, AO] under section 143(3) of the Act. 2. Brief fact of the case is that the assessee company was incorporated on 14.01.2010 and was engaged in the business of real estate as promoters, developers etc. The year under consideration is the second year of the company and the assessee filed a return declaring income of Rs 8,42,478/- on 24.09.2011. 3. During the year under consideration, the Assessee received contract receipts of Rs. 14.39 Cr in pursuance of a contract awarded by M/s Era Infra Engineering Ltd for the work of site clearance, excavation and removal of debris, erecting temporary staging/walkway and removal thereof in relation to the constru....

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....gineering from M/s L&T Ltd amounting to Rs. 22 Cr. iii) Copy of the bank book as well as the bank statement issued by the Axis Bank showing payment received from M/s Era Infra Engineering iv) Detail of Form 16A evidencing the tax deduction at source made by Era Infra Engineering Infra which is also appearing in Form 26AS. v) Confirmation of account issued by M/s Era Infra Engineering along with the copy of return of income vi) Party wise detail of contract receipts (Paper Book 131) vii) Ledger account of Contract receipts from M/s Era Infra Engineering viii) Ledger account of M/s Era Infra Engineering Ltd (Page 133-134) 6. With respect to contract expenses paid to the three subcontrac....

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.... p) Master Data from MCA for M/s Blue Print Securities (Paper Book page 176-177) q) Copy of the audited financial statement of M/s Blue Prints Securities reflecting contract receipts (Paper Book page 178-194) r) Copy of the bank book as well as the bank statement issued by the Axis Bank showing payment made for project expenses to the above three parties (Paper Book page 102-108) 7. The ld AR stated that during the remand proceedings initiated by the Ld.CIT(A), the AO confirmed the submission of additional evidences but raised objection to admission of these evidences without controverting the contents of the evidence/documents. The ld AR stated that when the contract in relation to Delhi International Airport awarded....

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....ed contract expenses. (Please refer paper book page 122-144). The Assessee has duly deducted tax on the payment made to the said contractors and have also made all the payment during the year squaring up the account of the contractors. Copy of the bank statement already furnished at paper page 102-108. 10. Per contra, the ld DR relied on the orders of AO/CIT(A). 11. We have heard the rival submissions and have carefully perused the materials on record. We find that the AO made the aforesaid additions in absence of documents/ evidence and basis data of these companies from MCA website. The CIT(A), in remand proceedings admitted the additional evidences but gave credence to the MCA website information and held that payment for contract ....