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2021 (4) TMI 55 - AT - Income TaxReopening of assessment u/s 147 - Search and seizure proceedings - addition only on the basis of diary noting, statement of VP (Finance), RNSIL, and data retrieved by using forensic tools from seized computer server (data was deleted and the same was retrieved by using forensic tools) - HELD THAT:- There is no nexus between any payment made by RNSIL to that of the assessee. There is no mentioned anywhere that the assessee was the recipient of the payment, the alleged quantum of payment, the date, the month or the year of the alleged payment. There were two sets of reasons for reopening the assessment, one with ₹ 15 lakh and another with ₹ 5 lakh. In the impugned assessment order, the AO had stated that there is reason to believe that the amount of ₹ 1 crore chargeable to tax for assessment year 2009-2010 have escaped assessment, while the impugned order relates to the assessment year 2011-2012. All these facts point to a situation that the addition has been made merely on surmises, conjectures and without any valid evidences. On identical facts arising out of the same search case, the Tribunal in the case of D.S. Suresh v. ACIT [2021 (4) TMI 1 - ITAT BANGALORE]had held that the addition of ₹ 10 lakh for assessment year 2009-2010 and ₹ 49 for the assessment year 2011-2012 is to be deleted. Tribunal held that there is no material / evidence for making such addition - thus we deleted the addition. - Decided in favour of assessee.
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