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2013 (3) TMI 685 - AT - Income TaxLegality of of proceedings u/s.153C - whether money, bullion, jewellery or other valuable articles or things or books of account or documents seized belongs to assessee which disclosed that there is unaccounted expenditure - Cash payments made for purchase of land - Held that:- document seized from the possession of Shri Dilip Dherai does not belong to the assessee as none of these documents have been found from the possession of the assessee - these seized documents do not even mention the name of the assessee - in the absence of corroborative evidences, additions on the basis of slips, loose sheets cannot be upheld - until there are independent evidences exist, the addition on the basis of notings, jottings cannot be upheld - there is nothing on record to prove the source of the alleged cash expenditure The ‘satisfaction note’ as recorded by AO is of no legal consequence - u/s. 153C, the primary condition has to be fulfilled is that the money, bullion, documents etc., seized should belong to such other person - If this condition is not satisfied, no proceedings could be taken u/s. 153C of the Act - Here the seized documents do not belong to the assessee but were seized from the residential premises of Shri Dilip Dherai - Decided in favor of assessee
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