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TMI Blog2012 (7) TMI 369X X X X Extracts X X X X X X X X Extracts X X X X ..... add, amend or alter the grounds of appeals on or before the date, the appeal is finally heard for disposal." 2. Earlier the case was fixed on 12.04.2012. On the date of hearing, none was appeared. However, the case was adjourned to 19.06.2012. The notice sent to the assessee was returned by the Postal Authorities with the remark that the assessee has refused to take the notice. Under the circumstances, after hearing the ld. Departmental Representative, we proceed to decide this appeal on merit. 3. The brief facts of the case are that a search action was carried out on 04.08.2006 & 05.08.2006 in the case of Goyal Group. The assessee, Shri Kalicharan Sharma is an employee of Goyal Group. On perusal of appraisal report, it was noticed that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r of the employee of Kalicharan Sharma declared this amount of hundi4s worth of Rs.23,50,000/- as his concealed income before the settlement commission with interest paid to Kalicharan Sharma on it and the CIT, Gwalior accepted this as income of Harishankar Goyal. In proof of this assessee has filed Settlement Commission, Mumbai (Annexure-C) confidential portion together with copy of Rule-9(2) report of the CIT, Gwalior which are kept on record. The version of the assessee is verified from these reports and found correct. Seized papers-5 to 37 are properly explained and verified by me. In response to notices u/s 143(2) Shri R.C.L. Gupta attended from time to time with Kalicharan Sharma and produced necessary books of account. The query let ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... CIT(A) deleted the said addition as under :- 3.2 Appellant's submissions along with assessment order have been considered carefully. Assessment records including report of CIT, Gwalior before Hon'ble Settlement Commission and their order have also been perused. Vide page No.6 to 12 of the assessment order, A.O has given detailed narration and analysis of seized documents pertaining to the appellant found from the premises of Shri Harishankar Goyal. AO has made the addition in the hands of the appellant on protective basis mainly for the reason that assessment for the year under consideration in case of Shri Harishankar Goyal is still pending. However, in his application dtd.26.5.07 before the Hon'ble Settlement Commission, Shri Harishankar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ement Commission, while accepting the additional income as disclosed by various applicants of Goyal family has further directed that within a period of six months from the date of receipt of its order or by 31.10.08, whichever is later, the C1T may conduct comprehensive enquiries into all the issues involved and submit a report to Commission for appreciation as to whether full and true disclosure has been made by the applicant. It is in this context that final assessment order; has been stayed by Hon'ble MP. High Court vide order dtd. 20.9.2010 in Writ Petition No.5531/2010 filed by Shri Harishankar Goyal through his legal heirs. It is pertinent to mention here that the then CIT, Gwalior, on the basis of reports of the A.O. and concerned JC ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... otective basis in the hands of the appellant is, hereby, deleted." 6. We have heard the ld. Departmental representative who referred the A.O.'s order and submitted that the seized papers belonged to the assessee, therefore, the addition is required to be made in the hands of the assessee. We notice that the A.O. himself made the addition of Rs.23,50,000/- on protective basis on the ground that there have been amount of unsecured loan of Rs.23,50,000/- which was in the name of the assessee Shri Kalaicharan Sharma but the said amount has been surrendered by Shri Harishankar Goyal in the petition filed before the Settlement Commission. The A.O. made protective addition merely on the basis that the assessment in the case of Shri Hari Shankar G ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 23,50,000/- has been offered to tax before the Settlement Commission by Shri Hari Shankar Goyal and this fact has not been controverted by the Revenue before us. Once an income has been offered to tax, the same cannot be taxed again in the hands of the assessee. Otherwise, there would be a double taxation. The A.O. made the protective addition in the hands of the assessee on the ground that the case of Shri Hari Shankar Goyal is still pending with the A.O. on the basis of High Court order but the CIT(A) noted that there is no dispute about the disclosure of undisclosed income of Rs.23,71,076/-, which includes Rs.23,50,000/-, before the Settlement Commission in the hands of Late Shri Hari Shankar Goyal, Legal Heir but the fact that what was ..... X X X X Extracts X X X X X X X X Extracts X X X X
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