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2018 (7) TMI 1907 - AT - Income TaxAssessment u/s 153A - Addition of unexplained income - HELD THAT:- Hon'ble Delhi High Court in the case of CIT vs. Kabul Chawla [2015 (9) TMI 80 - DELHI HIGH COURT] in which held as since no incriminating material was unearthed during the search, no additions could have been made to the income already assessed. Addition was made as no books of account related to Aramax were found during the course of search. Shri Mohanlal Kotwani in the statement recorded u/s 132(4) on 22.12.2005 admitted ₹ 5,00,000/- undisclosed income in the case of Shri Kamal Kishore Kotwani. Since the same was not offered to tax in return of income filed, therefore, addition of ₹ 5,00,000/- was made on account of unexplained income from M/s. Aramax Courier. The assessee could not point out whether the cross examination was sought. Since the addition is based upon incriminating material discovered during the course of search. The addition of ₹ 5 lakhs is sustained. In the result, the appeal of the assessee for the assessment year 2006-07 is partly allowed.
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