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2016 (5) TMI 1304 - RAJASTHAN HIGH COURTAshiyana Apartments & Capital Gain Addition in three hands - Jewellery Addition - Medical expenses Addition in four hands - Seized documents Addition - Property at Raja Park Addition in various hands - Purchase & sale of plots Addition in various hands - Held that:- In view of what we have analysed hereinbefore, the findings of the Tribunal that the AO cannot travel beyond the material found during the course of search, in our view, is not proper. To come to a reasonable and plausible conclusion in case the seized papers do not show a correct picture, the AO can certainly travel beyond even the seized papers to come to a logical conclusion and the AO can even examine the entries recorded in the books of account and such entries or other material have to be taken note of by the AO and the assessee has to offer a satisfactory explanation even of the recorded transactions and the genuineness of the same is also required to be proved. For the reasons aforesaid :- i) the additions relating to : (a) Ashiyana Apartments of ₹ 31,00,000/- and issue relating to Capital Gain of ₹ 13,50,384/- in 3 hands; (b) Property at Raja Park of ₹ 1,59,333/-; and (c) Purchase & sale of plots of ₹ 2,29,533/- in each hand, of the instant appeals are restored to the Tribunal to redecide the issues after giving adequate opportunity of hearing to both the sides and the Tribunal is directed to pass speaking order and redecide the three issues in accordance with law within a period of four months from the date certified copy of this order is placed before it. Let the parties may provide copy of this judgment to the Tribunal and let the Registry send a copy of this order separately to the Tribunal and the Tribunal would thereafter proceed ahead to redecide the issues. ii) the finding of the Tribunal insofar as deleting the addition of ₹ 93,575/- relating to Gold Ornaments and Jewellery, is found in accordance with law and we uphold the finding of the Tribunal in this regard and reject the claim of the Revenue; iii) we reverse the finding of the Tribunal with reference to Medical expenses, addition whereof was made of ₹ 99,880/- each in four cases; iv) we reverse the finding of the Tribunal insofar as addition of ₹ 44,28,500/- is concerned and uphold the finding of AO;
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