TMI Blog2012 (7) TMI 1040X X X X Extracts X X X X X X X X Extracts X X X X ..... Revenue for the assessment year 2007-2008 is directed against the order of the Commissioner of Income-tax (Appeals)-IV, Ahmedabad dated 13.10.2009. 2. The only ground of Revenue s appeal reads as under: 1. The CIT(A) has erred in law and facts and circumstances of the case in deleting the addition of ₹ 20,00,000/- on account of unexplained cash found from assessee s bank locker at Ah ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er Flour Pulse Mills Ltd. s head office was situated at Dahod whereas the locker found wherein the cash seized was at Ahmedabad. He relied on the order of the AO. The learned counsel for the assessee has opposed the submissions of the learned DR. He referred to relevant portion of the statement recorded under section 132(4) of the assessee at the time of search on 19-10-2006 wherein she has stat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essee on substantive basis as part of disclosure of ₹ 1 crore made by the M/s.Navjivan Roller Flour Pulse Mills Ltd. The learned counsel submitted that the same amount of cash of ₹ 20 lakhs could not be added again in the hands of the assessee. 4. We have considered rival submissions carefully and have perused the orders of the AO and the CIT(A) and also the copy of the statement ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for the relevant asstt.year 2007-2008, as a result of search and the disclosure of ₹ 1 crore includes the amount of ₹ 20 lakhs cash found with the assessee, Smt. Kalpana I. Sheth. The details of the disclosure of ₹ 1 crore have been reproduced in the appellate order of the CIT(A) dated 10- 7-2009 in the case of M/s.Navjivan Roller Flour Pulse Mills Ltd., which shows that the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s Ltd. on substantive basis, the same amount could not be considered again on substantive basis in the hands of the assessee. Any other view taken would amount to double taxation of the same amount, which is not permissible in law. Accordingly, we confirm the order of the CIT(A) on this issue in holding that since this addition has been considered on substantive basis in the case of the company, t ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
