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2010 (8) TMI 673 - AT - Income TaxSearch and seizure - Addition - whether in the backdrop of facts noted, the provisions of section 153(2A) are applicable or the provisions of section 153(3)(ii) are applicable - Hon’ble Supreme Court in the case of ITO v Murlidhar Bhagwan Das, (1964 -TMI - 49393 - SUPREME Court), wherein, it has been observed that a finding, could only be that which was necessary for the disposal of an appeal in respect of an assessment of a particular year, and a direction is given after recording of findings the assessee was given an opportunity to explain the entries in document No.A4, A5 and A6 containing entries relating to alleged payments made by the assessee to certain land owners - the onus was on the assessee to establish that the notice dated 6.7.98 was not served on 21.7.98 but on some other date - Supreme Court in CIT v. Jai Prakash Singh (1996 -TMI - 5516 - SUPREME Court) upheld the jurisdiction of the AO and held the notice dt.6th July, 1998 as valid in law being under the umbrella of S.292B of the Act and held that the said notice was factually served on the notice-appellant - ground is allowed for statistical purposes Deemed income u/s.69-C - the outflow claimed is quite small as compared to inflow - This ground is allowed
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