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2014 (1) TMI 587

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..... the assessing officer and the learned CIT(A) have tabulated the withdrawals made by the assessee and his family members and we notice that there is some difference in each of the tabulation - the assessee also could not bring any material on record to show that the withdrawals made by him and his family members are sufficient to meet the domestic expenses - the assessing officer directed to restri .....

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..... ence. 2. The facts relating thereto are stated in brief. The assessee was subjected to search and seizure operation by the department on 14.12.207 and consequent thereto, the assessments of the years under consideration were completed u/s 153A of the Act. While completing the assessment, the assessing officer verified the details of withdrawals made by the assessee for domestic expenses and he c .....

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..... e support of any of the seized materials is not sustainable. In the alternative, the Ld A.R submitted that the withdrawals made by the assessee and his family members was sufficient to cover up domestic expenses and accordingly contended that there is no requirement to make any addition on merits also. 4. On the contrary, the Learned Departmental Representative submitted that the learned CIT(A) .....

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..... ratio of Special Bench decision (referred supra) shall apply to the facts of instant case is a debatable one. On merits, we find that the tax authorities have estimated the amount of addition, uniformly at Rs.40,000/- in all the years. As contended by the learned Authorised Representative , the tax authorities have not given any basis for arriving at the figure of Rs.40,000/-. Both the assessing o .....

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