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2019 (4) TMI 267 - AT - Income TaxAssessment u/s 153A - Addition of on-money received on sale of flats - HELD THAT:- The statements of the employees, in search and seizure cases, can be used only if they are supported by some kind of collaborative evidence. However, DR could not point out the evidence proving the receipt of alleged on money. As the assessment for the AY. 2008-09 was not pending, so, without some incriminating material, AO should not have made the addition to the total income of the assessee. That the order of CIT(A) does not suffer from any legal or factual infirmity. Moreover, taking into consideration, the decision of the Coordinate Bench of ITAT in the case of group concern and also in order to maintain judicial consistency, we apply the same findings in the present case which are applicable mutatis mutandis. Resultantly this ground raised by the revenue stands dismissed. Disallowance on conveyance and telephone expenses - Disallowance made by the AO stating that the assessee was unable to establish that these expenses were incurred solely for ‘business purposes’ and thus made adhoc disallowance - HELD THAT:- Assessee being a company, is a separate juristic entity, therefore any element of ‘personal expenses’ would therefore need to be demonstrated with reference to the directors. The said proposition has been rendered in the case of Sayaji Iron & Engeneering Co. Vrs. CIT (2001 (7) TMI 70 - GUJARAT HIGH COURT). Thus, CIT(A) had rightly deleted the disallowances while keeping in view the above judgments. Even before us, no new facts or contrary judgments have been brought on record in order to controvert or rebut the findings so recorded by CIT(A). Therefore, there are no reasons for us to interfere into or deviate from the findings so recorded by the CIT(A). - this ground raised by the revenue stands dismissed.
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