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2020 (11) TMI 493 - AT - Income TaxUnaccounted investment recorded in the seized document - CIT(A) deleted addition holding that the documents found and seized from the premises of the assessee on which an addition was made by the AO is a dump document - HELD THAT:- AO did not carried out any inquiry either during the course of search or during the course of assessment proceedings to find out the nature of transactions and the period in which these transactions were carried out or to locate and being on record the where abouts of the land alleged as purchase. No summons were issued to Sub-Registrar to find out as to whether any such document referred to in the paper was readly executed in favour of assessee or not, he had simply presumed that the figures were unaccounted investment made by the assessee for the year under consideration, without there being any material on record to support such presumption. The entries on the page 10 of Exhibit 4 of Annexure AS are merely rough scribbling. Such Scribbling were not in the handwriting of assessee. Such document was undated and noting did not bear any signature and the name appearing therein are not of assessee. No registered document whatsoever was found during the course of search, which was registered in the name of assessee with amount for which addition is made. No efforts whatsoever were made by the AO to bring on record such alleged registered document in the name of assessee more particularly when the AO had vast powers U/s 133(6) to even call for information from Sub-Registrar office. No material was brought on record to prove from which sources assessee had made such alleged investment . AO had drawn inferences, made presumption, relied on surmises and thus made unsustainable additions. Therefore CIT(A) had also after appreciating the facts had rightly concluded that these documents i.e. page 10 of exhibit- 4 of Annexure- AS has no relatibility with any assets in the name of the assessee therefore, the addition made by the AO cannot be based on scribbling on the impugned document - Decided in favour of assessee.
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