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2024 (5) TMI 533 - ITAT JAIPURAddition u/s 69A on the basis of whatsapp messages - whatsapp messages contained in the mobile phone found from the appellant during the course of search relates to alleged transactions undertaken and that those transactions relates to and or carried by him - AO contended that in the chat message the recipient confirmed to have that transaction saying “ok dear” based on that ld. AO considered as unexplained money. HELD THAT:- The provision of section 69A of the Act empowers the ld. AO make addition of any money, bullion, jewellery or other valuable articles and such money, bullion, jewellery or valuable article is not recorded in the books of accounts maintained. Here the issue is that the money so recorded in the Whatsapp not found at the time of search in the possession of the assessee. Not only that the contention of the assessee that there is a double addition for one transaction i.e. one for Indian Rupee and another on account dollar and thus the addition of the double the amount. We found force in the argument advanced that there is no investment or expenditure on the part of the assessee found have been recorded in the search proceeding. It is also found that cash in Indian rupee or dollar have been found physically at the time of search. Based on these non-disputed facts before us we are of the considered view that there is no merits in the reasoning advanced by the revenue and therefore, we vacate the addition - Decided in favour of assessee.
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