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2017 (3) TMI 1518 - HC - Income TaxAssessment u/s 153A - search u/s 132 - nexus between the seized documents and the assessee - obligation on the department to prove any such nexus in view of the presumption u/s 132(4A) of the I.T. Act, 1961. - Held that:- We failed to understand, how and why those documents and contents thereof could not have been treated to belong Assessee when same were seized from her premises, which fact was not disputed by her and she also gave a wrong statement that these documents related to some others but those others disowned and contradicted statement of Assessee. Thereafter Assessee did not furnish any otherwise explanation in respect of aforesaid documents. There was a statutory presumption, therefore, against Assessee. Onus lay upon Assessee to displace said presumption. As we have seen that Assessee gave explanation disowning documents stating that same related to some others but those others denied. It shows that a false statement given by Assessee. Assessee, therefore, fails to dislodge presumption, which, the authorities were justified, in drawing against Assessee, in view of Section 132 (4A) of Act, 1961. CIT(A) as well as Tribunal in this case have completed failed to consider that documents and entries were not disputed by Assessee and instead she submitted an explanation that documents relate to some other persons but those other persons denied it, hence Assessee failed to rebut presumption against her that documents pertain to her, the contents are true and transaction therein relates to Assessee. We answer the questions formulated above in favour of Revenue but hold that presumption under Section 132(4A) of Act, 1961 in the present case for making addition is justified with regard to Annexure-A17, the document referred to in para 3 of assessment order and to that extent order of Tribunal is set aside.
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