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2019 (4) TMI 404 - AT - Income TaxAdmission of the additional ground - cash found in search - year of taxability - search action on the bank locker of the assessee was carried out on 09/09/2010 - addition in AY 2009-10 - Whether any addition for the unexplained cash found could be made in the assessment year corresponding to the previous year in, which the locker was searched or other year - HELD THAT:- There is no dispute as far as date of search on the locker owned by the assessee is concerned, which is 09/09/2010. The date of search falls in previous year 2010-11 and the corresponding assessment year is 2011-12. There is nothing on record to show that this cash found was out of any income earned by the assessee in the year under consideration. In absence of any explanation in respect of the cash found during the previous year corresponding to the assessment year 2011-12, the addition should have been made only in the assessment 2011-12 and not in the assessment year under consideration. In view of the settled position of law on this issue, we set aside the order of the lower authorities and direct the Assessing Officer to delete the addition in the year under consideration. The additional ground raised by the assessee is accordingly allowed.
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