TMI Blog2013 (11) TMI 972X X X X Extracts X X X X X X X X Extracts X X X X ..... s carried out on the appellant. The seized papers were found in the possession of Shri Vikas A. Shah. The third person evidence cannot be base for addition on the basis of any entries therein. The order passed by the ITAT in the case of the co-purchaser-Abhalbhai Arjanbhai Jadeja was further carried before this Court - When in the case of the co-purchaser, similar addition was deleted by the CIT(A) - The tribunal has not committed any error in dismissing the appeal preferred by the revenue and consequently confirming the order passed by the CIT(A) deleting the addition of Rs.92,00,000/- made on account of unaccounted investment – Decided against Revenue. - Tax Appeal No. 910 of 2013 - - - Dated:- 11-11-2013 - M. R. Shah And R. P. Dho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ad filed the return of income for the Assessment Year 2005-06 declaring the total income of Rs.5,48,509/-, including the agricultural income of Rs.1,28,220/-. Subsequently, notice under Section 142(1) of the Income Tax Act was issued and served upon the assessee and further notice under Section 142(1) of the Income Tax Act was issued on 20/11/2009 and was duly served upon the assessee. In response to the notice issued, the assessee appeared. On noticing certain documents, the Assessing Officer asked for the explanation from the assessee and not being satisfied by the explanation, relying on the statement of Shri Vikas A. Shah, made under Section 131A of the Income Tax Act, the cash paid by him to the assessee towards cancellation of the dea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s before us. Learned Senior D.R. vehemently upon the order of the A.O. whereas on the side of the appellant, no-one appeared before us. As discussed above, the similar addition was made in case of Abhalbhai Arjanbhai Jadeja, who has 50% share in this land has already been deleted by the Co-ordinate B Bench in ITA Nos. 174, 175 176/Ahd/2009 for 2003-04, 04-05 05-06 C.O. No. 6, 7 8/Ahd/2010 for above years. The operative portion of the respected co-ordinate Bench decision is as under; 13. In assessment year 2005-06, the facts are slightly different. In this year, the addition of Rs.91.50 lacs was made on account of alleged payment of on money. In this year also, the AO was of the opinion that addition of Rs.44.80 lacs is requir ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s of the statement of any third party and particularly when seized document was recovered from third party s premises. Considering all these facts, we are of the considered opinion, no interference is called for in the order of ld. CIT(A) in respect of the addition made by the A.O. of Rs.91.50 lacs on account of alleged on money payment by the assessee or in respect of addition of Rs.44.80 lacs ultimately not made by the A.O. in respect of receipt of dalali/brokerage by the assessee from Shri Vikas A. Shah. Hence, in this year also, we decline to interfere with the order of the ld. CIT(A) 5. We have heard rival contentions and gone through the material on record. Ld. A.O. has used third party statement of Vikas A. Shah in framing the ass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ourt by way of Tax Appeal No. 233/2013 and other allied appeals and it is reported that vide order dated 03/04/2013, the Division Bench of this Court has dismissed the said appeal confirming the order of deletion of similar addition in the case of Abhalbhai Arjanbhai Jadeja-co-purchaser. 5. In view of the above, when in the case of the co-purchaser, similar addition came to be deleted by the CIT(A), which came to be confirmed up to this Court, it cannot be said that the tribunal has committed any error in dismissing the appeal preferred by the revenue and consequently confirming the order passed by the CIT(A) deleting the addition of Rs.92,00,000/- made on account of unaccounted investment. No question of law, much less substantial questi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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