TMI Blog2015 (8) TMI 509X X X X Extracts X X X X X X X X Extracts X X X X ..... e addition for the name sake cannot be justified. Upon considering the order of the Appellate Tribunal, we do not find that there is any perversity in appreciating the materials on record and in coming to the conclusion. The only possible question, the Revenue could urge that the finding of the Appellate Tribunal is perverse and contrary to the evidence and material on record, however, such question would not arise in the light of the above observations extracted above made by the Tribunal in coming to the conclusion while upholding the order of the Commissioner of Income-tax (Appeals). - Decided against revenue. - I. T. A. No. 9 of 2011. - - - Dated:- 5-2-2015 - K. SREEDHAR RAO ACTG. C.J. AND P. K. SAIKIA, J. Standing Counsel, f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on recorded on November 27, 1998, on pages 131 to 134 and deposition recorded on July 4, 2000, placed on pages 135 to 139 which makes clear that the seized documents GD-8 to GD-12 were found and provided to Shri Hazarimal Bajaj who is an employee. The documents seized contained the details of investment in shares in the name of Hazarimal Bajaj and his family members and money/gift received by some others. The statement under section 132(4) recorded by the Assessing Officer dated Novem ber 27, 1998, and July 4, 2000, during the assessment and during search wherein Hazarimal Bajaj submitted that he is taxpayer and admitted that the seized documents belonged to him (question No. 9) and using the folders GD-9 to GD-12 being an employee and GD-8 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re from the undisclosed income of the assessee. 25. In the case of the gift/loan received by Vijay Kumar Bajaj ₹ 38,500 seized documents the Assessing Officer discussed the addition on pages 3 to 5. The deposition dated February 26, 1999, which was before the Assessing Officer and on July 21, 2000, was placed on record on pages 179 to 183 along with the return, computation, details of source and confirmation. Not related to the assessee he is a family member of Hazarimal Bajaj. Mr. Hazarimal Bajaj admitted that the seized documents belong to him and family members. Mr. Vijay Kumar Bajaj admitted the loan given by him (question No. 6). He is a taxpayer filing the returns. The return for the assessment year 1998-99 filed on October 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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