TMI Blog2004 (6) TMI 260X X X X Extracts X X X X X X X X Extracts X X X X ..... of the assessee on which some jottings were noted. The AO sated that these notings were in the handwriting of the assessee and, therefore, he has to explain why the total of which comes to Rs. 7,55,000, were added in the income of the assessee. It was submitted by the assessee during the course of search itself that this is estimation of expenditure to be incurred for forthcoming period. It was also submitted that he roughly did certain calculations to work out fund requirement for probable expenditure for his mining job of M/s Ores India. The AO did not accept the assessee's contention and added the same in the income of the assessee. 4. By the impugned order, CIT(A) observed that the assessee being a partner of some firms and director ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... genuine. Tribunal, Mumbai, in the case of DA Patel vs. Dy. CIT (2001) 78 TTJ (Mumbai) 969 held that, "Simply because receipt of paper was found during the search at the premises of the assessee he could not be saddled with tax liabilities unless it could conceivably be related to the assessee in some reasonable manner." 6. As no corroborative material has been brought on record by the Department to reject the assessee's contention, we do not find any reason on interfere in the order of the CIT(A) for deleting the impugned addition. 7. The next grievance of the Revenue relates to deletion of addition of Rs. 3 lacs made by the AO in respect of capital introduced by the assessee. 8. Rival contentions have been heard. 9. The assesse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee and his various sources of income, the AO estimated the household expenses at Rs. 10,000 per month. As no withdrawal was made for such household expenses, he added Rs. 1,20,000 to the undisclosed income of the assessee. 15. It was argued by the learned Departmental Representative that CIT(A) has wrongly relied on the orders of the Tribunal which are applicable in the case of block assessment proceedings under s. 15BA and not to the search cases taking prior to the special procedure for the block assessment brought in the statute book by the Finance Act, 1995, w.e.f. 1st July, 1995. 16. We have considered the rival contentions and agree with the learned Departmental Representative that CIT(A) has deleted the addition by wrong ..... X X X X Extracts X X X X X X X X Extracts X X X X
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