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2022 (6) TMI 229 - ITAT KOLKATAUnexplained deposits/investment - addition based on dairy found in search - HELD THAT:- The entries in the diary of the alleged one Shri Gouri Shankar Choudhary were in the name of Shri Ramavtar Agarwal and not in the name of the assessee. It has been alleged that the disputed amount of Rs.10,00,000/- was given by the assessee through cheque. However, there is no mention either of any bank account of the assessee or any other details to show that the said amount was paid by the assessee through cheque. Assessee has relied upon paper-book page 20 onwards which is the copy of the bank account statement of the assessee to submit that the assessee did not issue any alleged cheque to any such person. However, otherwise if the payment was made through cheque then how the same may be alleged to be out of unexplained sources especially when there is no allegation that the deposit in the bank account of the assessee was from any unknown source of income. We do not find any justification on the part of the CIT(A) in confirming the addition and the same is ordered to be deleted - Appeal of assessee allowed.
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