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2022 (10) TMI 250 - AT - Income TaxAddition on account of alleged cash consideration - HELD THAT:- We note that the alleged cash was withdrawn from the accounts of Shri Bapu Vithal Parande, Shri Sandeep Parande and two others. The said person expressed his inability bring Shri Sandeep Parande and two others from whose accounts amounts have been withdrawn as witnesses to the alleged cash payment who are none of them his own family members. We note that the AO in its order clearly observed that certain documents were seized which are related to Dighi property which resulted in making addition in the hands of assessee. CIT(A) also affirmed the said observation of the impugned order but no such documentary evidence brought on record before this Tribunal showing that the assessee received the alleged cash payment. We find the case of DR is that Shri Bapu Vithal Parande made statement that the cash payment to assessee withdrawing such amounts from the accounts of his family members but there was no statement recorded by the AO in this regard from such family members and also Shri Bapu Vithal Parande expressed inability such members for the examination. Thus, the evidence of cash payment by Shri Bapu Vithal Parande cannot be believed for the reason that there was no witnesses to the said cash payments and a mere statement by the said person that some of the amounts received from the accounts of others is not sufficient to make the addition in the hands of the assessee. It is established that there was no documentary evidence corroborating the statement of Shri Bapu Vithal Parande recorded u/s. 131 - Thus, the order of CIT(A) is not justified and it is set aside and the grounds raised by the assessee are allowed.
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