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2009 (8) TMI 785 - AT - Income TaxSearch U/s 132 – Block Assessment – Undisclosed income - Computerised documents as books of accounts – computerized cash book - assessee produced computerized cash book in assessment proceedings. As the day to day availability of cash shown in the cash book was not, verifiable in the absence of receipt, for consultancy fee issued by the assessee, the reliability of this cash book was considered as doubtful – delayed presentation of cash book on the ground that the same was with accountat – Held that: - using the legal technicalities assessee had been attempting merely to buy time may not be the correct appreciation of the facts particularly when the return was filed on the basis of books which entries were there in the computerized sheets – cash book so maintained and produced cannot be ignored but can not be held as books of accounts Genuiness of documents - an opportunity can be given to the assessee to prove the genuineness of the document. However, the findings of facts which have become final cannot be ignored and stand on record. Proper book of accounts – Rule 6F – CBDT Guidelines not followed – Held that: - It does not make disclosed income to be undisclosed income merely for a technical default. Under such peculiar facts, the correctness of entries of professional income recorded in the cash book so produced, is to be accepted as correct and as such the same cannot be taken as undisclosed income within the meaning of s. 158B(b) of the IT Act, 1961. The assessee might not have kept any evidence whatsoever to show that any agricultural activity on the said land was done, its productivity is supported by the certificate issued by the District Agriculture Officer. The fact of sale proceeds of ₹ 3,34,000 available presupposes the agricultural land with the assessee which could demonstrate the availability of agricultural income over a period. Therefore, the accumulation of net agricultural receipts over and above this amount cannot be taken as established. – Addition to be made Lockers and Cash in the names of others - The fact that Smt. Vijaya Dhir was not having capacity to possess cash to the extent it was found in her lockers, by itself could not be a reason to discard the ownership of cash as that of the lady and to treat the same as the property and the income of the assessee. The decision so reached by treating the amount as undisclosed income he held is unsustainable in law. Expenditure by the assessee on foreign visit along with his wife - The explanation of the assessee was that the foreign visit of the assessee and his wife was sponsored by M/s Aventis Pharma Ltd., Mumbai. Certificate in this support was filed by the assessee from the said company. – Held that: -The sponsorship was made by the said concern on account of the fact that the assessee was a medical practitioner but how does it make any difference so long as it was not arising from carrying on the profession. – Addition not to be made Gifts - These whisky bottles are the gifts received by the assessee in appreciation of good work done by him. The same does not amount to fee or income of the assessee. No documentary evidence or material was found as a result of search to show that the assessee himself purchased liquor or spent some amount thereon out of undisclosed sources. – No addition. Deletion of addition which was not made - it has been held that no addition is made on the basis of receipts and consequently there is no question of deleting or affirming the addition on account of professional receipts.
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