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2012 (12) TMI 721 - ITAT HYDERABADUndisclosed income - Block Assessment – Held that:- As seen from the impugned document, it is just a signed by a single party which was found in the course of search action at the assessee premises. The impugned document is only circumstantial evidence which required to be corroborated with other evidence. Though there is no necessity in law that the assessing officer is supposed to discharge tax liability by direct evidence only, there should be enough evidence to support the addition. The circumstances surrounding the case were not strong enough to justify the rejection of assessee's plea as outrageous. On consideration of the assessee's arguments, no rejection of the same is called for on the reason that the sale agreement dated 6.2.98 is only a Xerox copy signed by the assessee alone and not by the vendees. As held by the Supreme Court in the case of Moosa Madha & Azam S. Madha vs. CIT (1973 (2) TMI 5 - SUPREME COURT) that Photostat copies have very little evidentiary value. Being so, Xerox copies of any document cannot be itself considered as evidence for the purpose of making addition in this assessment. Further the consideration at Rs. 12.25 lakhs per acre cannot be said to have been paid as the transfer has not materialised and litigation is going on. Further the payment of Rs. 1 crore to Smt. Savitramma is also not supported by proper evidence to bring the same into taxation in the block assessment. Thus the unsigned document is a dumb document and cannot be relied upon for making addition in this case - in favour of assessee Levy of interest u/s. 158BFA - Held that:- Levying of interest u/s. 158BFA is consequential and mandatory and no adjudication is required on this issue - appeal of the assessee is partly allowed
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