TMI Blog2014 (8) TMI 829X X X X Extracts X X X X X X X X Extracts X X X X ..... mine Shri Ashok Kumar Dokania during the course of assessment proceedings - the loose sheet is neither found nor seized from the premises of the assessee - CIT(A) has correctly taken cognizance of all the relevant facts and materials for deleting the addition on the basis of loose sheet found and seized from third party’s premises – Decided against Revenue. - ITA No.4577/Mum/2011 - - - Dated:- 16-7-2014 - P M Jagtap And S T M Pavalan, JJ. For the Appellant : Shri Yogesh A Thar For the Respondent : Shri S D Srivastava ORDER :- PER : S T M Pavalan This Appeal filed by the Revenue is directed against the order of the Ld.CIT(A)-37, Mumbai dated 28.03.2011 for the Assessment Year 2008-09. 2. In this appeal, the Reve ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hri Ashok Kumar Dokania, certain loose papers were found and seized as per Annexure-A, page nos. 1 to 42. During the course of search seizure operations, statement on oath u/s 132 (4) of the Act was recorded from the said Ashok Kumar Dokania, and he had explained the contents of the seized loose papers in the said statement dated 10.04.2008, which was reconfirmed by him u/s 132(4) of the Act, again on 02.05.2008. During the course of assessment proceedings, the AO relied on the loose papers seized from the residence of Shri Ashok Kumar Dokania, and also on the statement of the said Shri Ashok Kumar Dokania, recorded on oath u/s 132(4) of the Act on 10.04.2008 and 02.05.2008. The AO had observed that the said Shri Ashok Kumar Dokania, cate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... search seizure proceedings at his residential premises. Further, the AO has relied on the said statement recorded u/s 132(4), dated 10.04.2008 for making the impugned addition. In this connection, it is relevant to state that the perusal of the said statement suggests that Shri Ashok Kumar Dokania has deciphered the relevant page no. 41 while answering question no. 27 of the said statement u/s 132(4) of the Act dated 10.04.2008, which is reproduced as under:- Page No. 41: This also confirms the payment of package made in cash for 08- 09 FY as per the instruction of Mr. Sajjan Dokania and noted own in the dir. 1. RSK-R.S. Kanodia 2.30 lakhs 2. SKT-S.K. Trivedi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he AO or not acceptable to him. He cannot be permitted to substitute figures of payment and the dates of payment without giving any cogent reasons. Moreover, it is observed that the assessee has not been given sufficient opportunity to cross-examine Shri Ashok Kumar Dokania during the course of assessment proceedings. Also, no show cause notice has been issued to the assessee by the AO before making such huge additions, that too relying on third party evidences which have been dubbed as dumb document. Provisions of section 292C of the Act are not available in this case because the impugned loose sheet is neither found nor seized from the premises of the assessee. In view of the fact that the Ld.CIT(A) has correctly taken cognizance of all ..... X X X X Extracts X X X X X X X X Extracts X X X X
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