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2012 (7) TMI 369 - AT - Income TaxAddition made on account of unexplained credit - seized papers belonged to the assessee, therefore, the addition is required to be made in the hands of the assessee - CIT(A) deleted the additions - Held that:- CIT(A) deleted the said addition on the basis ignoring that protective addition in the hands of the assessee on the ground that the case of Shri Hari Shankar Goyal is still pending with the A.O. on the basis of High Court order but the CIT(A) noted that there is no dispute about the disclosure of undisclosed income of Rs.23,71,076/-, which includes Rs.23,50,000/-, before the Settlement Commission in the hands of Late Shri Hari Shankar Goyal, Legal Heir but the fact that what was the final outcome from the case of Shri Hari Shankar Goyal which was pending with the A.O. on the basis of High Court Order - The deletion made by the CIT(A) is little premature as the CIT(A) has deleted the addition without recording the fact of final outcome of assessment in the case of Sahri Hari Shankar Goyal - send back this issue to the file of CIT(A) - in favour of revenue.
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