TMI Blog2016 (6) TMI 697X X X X Extracts X X X X X X X X Extracts X X X X ..... sustaining the addition. In fact, there was no reliable material for making the additions. Issue being predominantly in the realm of appreciation of evidence, no interference is called for - Decided against revenue - TAX APPEAL NO. 392 of 2016 - - - Dated:- 7-6-2016 - MR. AKIL KURESHI MR. A.J. SHASTRI JJ. For the Appellant: Mr. Sudhir M Mehta, Advocate ORAL ORDER (PER : ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... there was no other evidence to hold that the assessee had earned any interest. Ultimately, the issue reached the Tribunal. The Tribunal by the impugned judgment deleted the interest addition making following observations: 42. A perusal of the seized paper would indicate that except noting of the amount and the dates nothing else is discernible. We have perused the statement of the assessee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y advocate/accountant and my mental and physical condition is not good and, therefore, not able to give answer . Allegation of the Revenue is that since the paper is found from the premises of the assessee, assessee has to explain the paper. No doubt the paper is found from the premises of the assessee and he was under an obligation to explain entries in the paper book. But according to the assess ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ails relate to the assessee. No such effort was done by the AO also. Therefore, we give benefit of doubt to the assessee and on the basis of such insufficient incomplete evidence, the assessee cannot be burden with taxability. We allow all these grounds of appeal and delete the addition. 3. Upon perusal of the findings and conclusions by the Tribunal, it can be easily stated that the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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