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2023 (9) TMI 536 - AT - Income TaxUnexplained cash payment and cash receipts - several incriminating documents and evidences were seized from the premises of M/s Param Properties[third party] which contain entries pertaining to and information contained therein related to assessee - AO held that to tax the amount reflecting in the seized documents, in hands of the assessee on substantive basis, which is based on a sound footing is proper - CIT(A) deleted the addition - HELD THAT:- As documents were found from the 3rd party premises, these are not in the hand writing of the assessee and these are not signed by the assessee and moreover the party from whom documents were found, did not identify, the name of the assessee, the AO is not justified in relating these documents or the transactions written on these documents to the assessee. The complete name of the assessee is also not written on these papers and there are other names also written on these papers. Thus, ld CIT(A) noted that these facts clearly shows that these documents are dumb documents as far as the assessee is concerned and relying upon these documents for making additions in the hands of the assessee is not justified. The assessee's case is covered on this issue by the binding judgments of Hon'ble Supreme Court t in the case of CBI vs. V.C Shukla [1998 (3) TMI 675 - SUPREME COURT] and common & Common cause Vs. UOI [2017 (1) TMI 1164 - SUPREME COURT] Additions made by the AO are not found sustainable and deserved to be deleted. Moreover the AO stated that in the backup of i-phone taken from mobile phone of Shri Agam Vadecha, Phone Number of the assessee were in his mobile. Storing of assessee’s telephone number in other person’s phone cannot be made the basis for making additions particularly, even after taking backup of the i-phone, no sms/communication was found which remotely indicate that the assessee had transactions with the Param Properties, as written in these documents. As there is no Cheque entry tallying with any of the bank account of the assessee and there is no such reference in the assessment order by the AO, CIT(A) correctly deleted the addition - Decided against revenue.
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