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2018 (9) TMI 1549 - AT - Income TaxReopening of assessment - Addition u/s 69 - documents being found from the premises of third party where neither the name of the assessee was mentioned nor any document was found - Held that:- On the basis of report of the Investigation Wing of the Department that assessee has paid on money of ₹ 10,95,000/- towards purchase of flat bearing Flat No.1001 in Glendale Building through Cresenco Associates, a concern of Hiranandani group, the Assessing Officer reopened the assessment u/s 148 and thereafter made addition of the said amount to the total income of the assessee which has been upheld by the ld. CIT(A). The basis of addition made by AO is the contents of a pen drive which contained date-wise entry of receiving cash on various flats mentioning flats/shop-wise number. Neither the name of the buyers nor the amount of cash over and above the registered value of the flats paid by individual buyers are mentioned in the data contained in the pen drive. In the instant case the Assessing Officer has not given any opportunity to the assessee to cross-examine the witnesses on the basis of whose statements addition has been made. Under identical circumstances the Mumbai Bench of the Tribunal in the case of Shri Nikhil Vinod Aggarwal (2017 (10) TMI 1374 - ITAT MUMBAI)has deleted the addition wherein on the basis of the same pen drive the addition was made by the Assessing Officer which was deleted by the CIT(A) and on appeal by the Revenue, the Tribunal dismissed the ground raised by the Revenue - Decided in favour of assessee.
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