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2015 (8) TMI 1510 - AT - Income TaxAddition on protective basis - amount was recovered from the common residence of the assessee and the locker in the joint name of the assessee and his wife - cash belonged to the assessee and was rightly added in the hands of the assessee on substantive basis - HELD THAT:- The assessee had not operated the said bank locker after 16th February, 2003 and till the date of search therefore, the cash found during the course of search in the said bank locker belonged to Smt. Vineeta Singh and not to the assessee. CIT(A) was not justified in treating the cash of ₹ 5,20,000/- ( ₹ 2,20,000/- + ₹ 3,00,000/-) found during the course of search in the hands of the assessee particularly when his wife claimed that the said cash belonged to her. Accordingly, we delete the addition of ₹ 4,60,000/- which was directed by the ld. CIT(A) to be made in the hands of the assessee on substantive basis. Another addition on account of amount found from locker no. 294 Syndicate Bank in the name of Smt. Vineeta Singh jointly with her domestic servant, the ld. CIT(A) although stated at page no. 40 of the impugned order that this cash of ₹ 16,33,000/- would be treated as belonging to Smt. Vineeta Singh as the assessee Shri Tribhuvan Singh is not party, however, inadvertently it has been mentioned that the addition to that extent can be made in the name of the assessee on substantive basis. Addition can be made in the hands of the assessee on substantive basis is wrong particularly when the ld. CIT(A) himself accepted that the locker no. 294 Syndicate Bank was in the name of Smt. Vineeta Singh wife of the assessee jointly with her domestic servant and the assessee Shri Tribhuvan Singh was not party to that and the cash of ₹ 16,33000/- would be treated as belonging to Smt. Vineeta Singh. The observation of the ld. CIT(A) that this amount should be treated in the hands of the assessee was wrong. Accordingly, we direct the AO to delete this addition also from the hands of the assessee. - Decided in favour of assessee.
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