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2015 (8) TMI 509 - HC - Income TaxUndisclosed income - addition on the basis of dairy found during the search - Tribunal based on the oral and documentary evidence has come to the conclusion that the addition of the amount of the income of the assessee was illegal and upheld the order of the Commissioner of Income-tax (Appeals) with elaborate discussion with reference to the evidence - Held that:- The documents seized, i.e., GD-8 to GD-12 are admitted and belongs to Hazarimal Bajaj and not the assessee, therefore, such admission being evidenced has to be controverted by the Revenue on the basis of evidence found during the search. Not doing so, the addition for the name sake cannot be justified. Upon considering the order of the Appellate Tribunal, we do not find that there is any perversity in appreciating the materials on record and in coming to the conclusion. The only possible question, the Revenue could urge that the finding of the Appellate Tribunal is perverse and contrary to the evidence and material on record, however, such question would not arise in the light of the above observations extracted above made by the Tribunal in coming to the conclusion while upholding the order of the Commissioner of Income-tax (Appeals). - Decided against revenue.
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