Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2017 (1) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2017 (1) TMI 1784 - AT - Income TaxAssessment u/s 153C - Addition of cash, jewellery and family contribution offered to tax in the case of assessee's brother-in-law Shri Anand Kumar Agrawal - D.R. submitted that in the course of search a red suit-case was seized from the premises of assessee’s brother-in-law Shri Anand Agrawal from the bed room of his mother-in-law Smt. Sitadevi Agrawal containing cash, jewellery and papers which were in the hand-writing of the assessee - HELD THAT:- For a presumption in law that in case of the search the documents, money, jewellery etc. found belonged to the person searched. In the present case Shri Anand Agrawal has not at all disputed this presumption, rather he has supported the presumption by accepting the entire amounts reflected in the said search as his own income and offering the same in his return of income which has been duly accepted by the Revenue in appellate proceedings. Shri Anand Agrawal has also filed an affidavit owning the entire contents of the said suitcase as belonging to himself. Thus in this view also on the anvil of section 292C of the I.T. Act there is no basis for considering this sum as addition in the hands of the assessee. This assessment is framed pursuant to notice u/s 153C of the I.T. Act. Before the assessment was framed under this section in this case, there was a search conducted on 04-02-2010 at the assessee’s premises. In this search also no incriminating material or evidence relating to the addition made in this case was found. Thus from the above it is clear that the plea of the Revenue authority that Shri Anand Agrawal is a benamidar of assessee is devoid of any cogency. When the Revenue is alleging that the apparent is not real then onus lies upon the Revenue to prove the same. In the present case Revenue has totally failed to prove the same. The documents, cash & jewellery involved have been found at the time of search at the premises of Shri Anand Agrawal, Shri Anand Agrawal has owned up the same, he has filed an affidavit in this regard, he has filed the return of income in this regard, the same has been added in his hands on substantive basis as per the appellate order of the CIT(Appeals), the Revenue has decided not to appeal against the said order, thus the addition of this amount in the hands of Shri Anand Agrawal has reached finality. There is no evidence whatsoever found in the course of the search that that Shri Anand Agrawal is a benamidar of the assessee, rather the Department has made search on Shri Anand Agrawal as independent group, this itself dispels the doubt of the AO that Shri Anand Agrawal is a benamidar of the assessee We hold as under : 1. Once the same amount has been added on substantive basis by the appellate order in the case of Shri Anand Agrawal and Revenue has chosen not to appeal against the same, this appeal by the Revenue is not at all sustainable which seeks to add the same amount again in the hands of the assessee. 2. Revenue has totally failed to prove that Shri Anand Agrawal was a benamidar of the assessee. In such circumstances, in our considered opinion, there is no infirmity in the order of the learned CIT(Appeals). Accordingly we uphold the same. - Decided in favour of assessee.
|