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2023 (6) TMI 433 - AT - Income TaxUnexplained u/s 69A - cash seized by Police Department - statement of the assessee differed during the Investigation and the assessment proceedings - HELD THAT:- Changing of the statement before the authorities below and in the present proceeding constitutes an afterthought which has no evidentiary value in absence of supporting corroborative documentary evidences. Even if, it is presumed that the cash seized pertains to the business cash, it is required to be supported with documentary evidences to substantiate that the cash has been withdrawn from the cash book of the assessee on the date of the seizure or previous day. The purpose of the withdrawal of cash, has been for the treatment of mother illness in Vedanta, Gurgaon, however, he has not produced any documents relating to the either mother illness or her treatment in Medanta Hospital. Meaning thereby, the appellant-assessee has failed to explain the source of cash seized. Accordingly, it has been rightly treated by the CIT(A) as undisclosed income of the appellant u/s 69A after considering both factual evidence such as no cash withdrawals from cashbook and circumstantial evidence of medical prescription of appellant’s mother and bills thereof with the support of the decisions of the higher Judicial forums as above. AR failed to filed any documentary evidence or judgement in rebuttal to the contention and citation discussed by the CIT(A) while arriving at the decision in confirming the action of the AO. No infirmity or perversity in the decision of the CIT(A) in confirming the addition as unexplained money u/s 69A and taxed accordingly u/s 115BBE - Decided against assessee.
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