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2011 (5) TMI 529 - AT - Income TaxUnexplained expenditure - Held that:- There was a search on 28-6-2006 resulting in assessments made under section 153A read with section 143(3), in the course of which Shri Mukesh Choksi made a statement on 26-11-2008 and also submitted an affidavit on 4-12-2008/5-12-2008 reiterating what he stated in the earlier search proceedings on him, which statement had been relied upon by the Assessing Officer in the course of the earlier reassessment proceedings - Already noted that the earlier reassessment proceedings were taken in appeal by the assessee to the CIT(A), who by order dated 26-6-2007 deleted the additions and the department did not file any further appeal to the Tribunal. Having accepted the order of the CIT(A) dated 26-6-2007, the Assessing Officer was not justified in repeating the same addition in the present proceedings by merely seeking to rely on the statement of Shri Mukesh Choksi and his affidavit which are nothing but reiteration of the stand which he took in the earlier proceedings also - Decided in favour of assessee.
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