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2017 (4) TMI 1542 - AT - Income TaxAddition u/s 69C - no evidence the payment has been made and that too in the said financial year relevant to Assessment year in the appeal - HELD THAT:- As perused the statements given by Sh. K.K.Goel during search proceeding and also of Shri. A.K. Aggarwal and Shri. P.K. Jain during the assessment proceedings. Nowhere in the statements the matter of amount being received in cash has been established by the Revenue. In all the three statements, it was categorically said that there were request for hike in salary. Under these circumstances there is no need for a cross examination by the assessee also where as the Ld. CIT(A) has observed that cross examination was declined by the assessee. Nowhere the Revenue could prove or establish that this amount represents the cash paid or any evidence that the amount have been received by the recipients. The Ld. CIT was also not sure where the amount have been paid or payable. The Revenue has to prove that these documents represents unaccounted payments by either direct evidence or corroborative evidence which was not so in this case. Hence the addition is hereby deleted. Disallowance under section 14A - DR argued that the investment for earning exempt income were made from mixed funds hence disallowance under section 14A has been made as per Rule 8D - HELD THAT:- On perusal of the records it was found that no statement has been obtained by the AO to prove whether the amount are mixed funds or not and also keeping in view the fact that Ld. CIT has deleted the addition in the earlier year and no new investment has been made, hence, no disallowance is warranted for the Assessment year 2010.11.
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