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2016 (8) TMI 1407 - ITAT DELHIAddition of undisclosed income in his statement recorded u/s 132(4) - Held that:- It is clear that there is no material or corroborative evidence to support the statement made under section 132(4) of the Act in respect of the addition of ₹ 30 lakh against unexplained investment in stock and ₹ 23.20 Lacs against the unexplained expenditure. The assessee did not admit the addition, which means, he retracted the said surrender in the return of income filed. We find that the Tribunal in the case of best infrastructure (India) Private Limited (2016 (5) TMI 1298 - ITAT DELHI) and case of Harjeev Aggarwal (2016 (3) TMI 329 - DELHI HIGH COURT) have in the similar facts and circumstances, held that no addition can be made merely on the statement recorded under search and seizure proceedings on a standalone basis without any supporting or corroborative material - thus order passed by the CIT(Appeals) on the issue in dispute is well reasoned and no interference on our part is required, accordingly, we uphold the finding of the CIT (Appeals) on the issue in dispute. Thus, ground No. 1 and 2 of the appeal are dismissed. Adjudication of appeal without filing of the statement of fact as mandated by the statutory form No. 35. - Held that:- CIT(A) has not treated the forms filed before him as defective. He admitted the appeal and adjudicated the matter on merits. The order of the CIT(A) is the impugned order appealed against before us. The ld. DR wants us to hold that the order of the ld. CIT(A) is illegal and against the law as there is a defect in Form No. 35 In our view the arguments raised by the ld. DR are devoid on merit. Defects in the return of income filed, defects on Form No. 35 which is the form of appeal etc. are to be considered by the respective authorities before whom these are filed and the maintainability of the appeal before us cannot be challenged. The right of appeal is a substantive right. Procedural issues can not take away substantial rights of a person. This cannot be a ground for the revenue to challenge the order of the ld. CIT(A) which is in this case in favour of the Revenue. The arguments to say the least are farfetched. Hence we dismiss the same.- decided against revenue
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