Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2019 (11) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (11) TMI 274 - AT - Income TaxCash found during the course of search by the CBI at residence - search and seizure operation under section 132 - original of cash receipt not produced - HELD THAT:- Assessing Officer has reproduced certain material based on charge sheet filed by the CBI against the assessee and others, in which the CBI has clearly mentioned that there was a criminal conspiracy between assessee, Dr. Sukhvinder Singh and others to get a favour from Shri Ketan Desai for approval of MBBS Course. There was specific information received by CBI and conversation of all the persons have been recorded by the CBI. Nothing have been explained in this regard with regard to allegations made against the assessee and others in the charge-sheet submitted by the CBI and reproduced by the Assessing Officer in the assessment order. Considering the totality of the facts and circumstances of the case and that there was substantial gap between withdrawal of cash by Shri Rahul Ahuja and alleged payment to the assessee. Therefore, assessee has failed to explain source of the cash of ₹ 2 crores found from his possession during the course of search by the CBI. The entire case set-up by the assessee is clearly an afterthought. The MOU and receipt are sham documents and fabricated by the assessee and others later on which fact is further strengthened by the fact that no original of MOU and receipt have been produced before the authorities below. Otherwise, the same could have been subjected to verification by CFSL. Copy of the MOU was produced, but, it was not having the back side which could have throw light on the fact as to when the said stamp paper were purchased and whether stamp papers were genuine or not. Hon’ble Supreme Court in the case of Durga Prasad More [1971 (8) TMI 17 - SUPREME COURT] and in the case of Sumati Dayal [1995 (3) TMI 3 - SUPREME COURT] has held that “the Courts and Tribunals have to judge the evidence before them by applying the test of human probability”. If the said test is applied in this matter, it is clearly established that the assessee has failed to prove source of ₹ 2 crores found during the course of search by the CBI at his residence.- Decided against assessee
|