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2017 (3) TMI 1462 - AT - Income TaxAddition u/s 68 - un-explained cash deposits by the assessee in Mahila Vikas Co-operative Bank - assessment u/s 153A - Held that:- On perusal of the assessment orders, we find that additions have not been made with the help of any seized material, therefore this judgment of Hon’ble High Court in the case of Saumya Constructions Pvt. Ltd [2016 (7) TMI 911 - GUJARAT HIGH COURT ] is squarely applicable on the facts of the present appeals. The additions in the absence of any seized material are not sustainable. Accordingly we allow the appeals of the assessee and delete additions, in all these assessment years. As far as A.Y. 2004-05 is concern, one of the grievance of assessee is that Ld. CIT(A) has relegated the matter to the assessing officer for verifying the cash book in order to ascertain the source of cash deposit of ₹ 25,15,816. The Ld.CIA(A) has no such power. The Ld. Counsel, for the assessee has pointed that while giving effect to order of Ld.CIT(A) Assessing Officer did not make any additions and therefore otherwise the issue would become an academic one. Considering this development, we do not deem it necessary to upset the order of CIT(A) in A.Y. 2004-05. On this issue, otherwise also additions are not based on seized material and they are not sustainable. - Decided in favour of assessee.
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