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The decision of Zoom Developers relied on by the learned AO is distinguishable. In the case before the Delhi High Court the issue was disallowance of claim of deduction that could not be sustained for want of evidence. In the case in reference the issue is quantum addition made for loans, capital contributions and expenses on hyper technical grounds in the face of voluminous and clinching evidence and in an arbitrary manner on an estimated basis.

The decision of Guj. High Court in the case of Vidya Gauri Natverlal is also distinguishable in that in that case the disclosure made in the return was found to be false or inaccurate.