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2020 (3) TMI 469 - AT - Income TaxAssessment u/s 153C - unexplained sale consideration - Addition based on some computer generated loose sheets which was seized and found from the computer of another person - HELD THAT:- Admitted fact that name of the assessee nowhere appeared in the said document albeit the name of Shri Kamal Kishore Chaurasia that he has entered into an agreement for sale of commercial property in Cross River Mall has been mentioned. This addition cannot be made in the hands of the assessee for the reason that, firstly, the name of the assessee is not mentioned in the seized document; secondly, there is no corroborative evidence or any statement that the payment has been received by the assessee other than cheque amount as entered in the sale agreement; and lastly, on the bare perusal of the document it cannot be inferred or concluded that seized document belongs to or has any nexus with the assessee. Here, in this case, as pointed out by the ld. counsel similar matter had come for consideration before Tribunal in the case of Mr. Kamal Kishore Chaurasia where exactly same addition has been made based on same seized documents that the amount is an unexplained investment. Hon’ble Delhi High Court in the appeal filed by the Revenue has dealt with exactly the same seized document in the case of PCIT vs. Mrs. Vineeta Chaurasia [2017 (5) TMI 992 - DELHI HIGH COURT]. Once on exactly same seized document the Hon’ble High Court has decided this issue that this document does not belong to Mrs. Vineet Chaurasia nor any adverse inference can be drawn, therefore, in the case of the assessee whose name is not even was mentioned in the seized documents, no addition can be made. Accordingly, the said addition is deleted and the order of the Ld. CIT(A) is confirmed. - Decided against revenue
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