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2017 (11) TMI 897 - AT - Income TaxAdditions in the hands of the assesses on protective basis - a search and seizure operation was conducted in the group concerns of M/s. Dhariwal & Family and also the residential premises of the assessee u/s. 132 - Held that:- While making the addition, the AO was of the view that amount reflected in the slips were paid to assesses on behalf of Dhariwal Industries Ltd. Therefore, the amount reflected in the slip either belonged to Mr. Sohanraj Mehta or Dhariwal Industries Ltd. The assesses being employees of Dhariwal Industries Ltd., had no right to retain the said amount. More over, during the course of assessment proceedings, the assesses have vehemently denied any receipt of the amount reflected in the slips. Under these circumstances, if the AO intends to make an addition in the hands of assesses, he has to bring out some more evidence on record to justify that the amount reflected in the slips were paid to the assesses and assesses have retained it. In the absence of this evidence, we are of the view that the addition made on protective basis in the hands of assesses deserves to be deleted. We accordingly find no infirmity in the order of the CIT(Appeals), who has rightly deleted the additions. Accordingly, we confirm the order of CIT(Appeals). - Decided against revenue.
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