TMI Blog2019 (6) TMI 912X X X X Extracts X X X X X X X X Extracts X X X X ..... TMI 80 - DELHI HIGH COURT] . The case of the assessee is also covered by the order passed by the co-ordinate Bench of the Tribunal in the case of Satinder Singh Madhok, husband of the assessee .[ 2018 (7) TMI 1996 - ITAT DELHI] - Decided in favour of assessee. - ITA No.6626/Del./2016 - - - Dated:- 25-2-2019 - Hon ble Vice President, Shri G.D. Agrawal And Shri Kuldip Singh, Judicial Member For the ASSESSEE : Ms. Ragni Handa, Advocate, Shri Aakash Meena, Advocate For the REVENUE : Smt. Parmita Bishwas, CIT DR ORDER PER KULDIP SINGH, JUDICIAL MEMBER : The Appellant, Smt. Harneet Kaur (hereinafter referred to as the assessee ) by fil ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the hands of the appellant. 3.2 That on facts and in law the Ld. CIT(A) erred in not appreciating that the entire credit card expenses had been incurred wholly and exclusively for the business of the company i.e. Jay Polychem India Limited, in which the appellant is a director. 2. Briefly stated the facts necessary for adjudication of the controversy at hand are : During the search and seizure operation conducted at the premises of M/s. Jay Polychem India Limited and its associates on 14.03.2012, a number of credit cards statements of family members of Madhok family were found and seized. Assessing Officer noticed from the seized document that huge amount has been incurred on leather ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rcumstances of the case. 5. Undisputedly, assessee is an individual tax payee having declared her income from salary, business, rental income and income from other sources at ₹ 29,97,752/-. It is also not in dispute that AY 2009-10 was completed assessment on the date of search. It is also not in dispute that the assessee s case is covered in the search conducted at the premises of M/s. Jay Polychem India Limited on 14.032012. 6. Ld. AR for the assessee challenging the impugned order questioned the validity of assessment under section 153A of the Income-tax Act, 1961 (for short the Act ) in the absence of incriminating material found during the course of search and in the absence of abatement of asse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Annexure AA-1 found and seized on 07.05.2012 from the office premises of the company D-143, Defence Colony, New Delhi. Please explain the entries recorded in these annexure along with supporting evidences? Ans. These are credit card statements of myself and my brother Satinder Singh Madhok. Expenses incurred through these credit cards are relating to the business of the company therefore company has paid all these expenses incurred through either by me or my brother through credit cards Q.22 In reply to Q.No. 23 above you have stated that all the expenses incurred through credit cards of Madhok family have been claimed as business expenditure and the payment to credit card issui ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... milar credit cards payment has already been decided in favour of Satinder Singh Madhok, husband of the assessee, wherein it is categorically held that the documents seized cannot be considered as incrementing documents/material . Coordinate Bench of the Tribunal in case of Satinder Singh Madhok decided by order dated 21.02.2017 in which assessment was framed under section 153A of the Act on the basis of search conducted on 14.03.2012 at the premises of M/s. Jay Polychem India Limited as under :- 5.3 We have dealt with this legal proposition relating to the addition u/s 153A in respect of not abated assessment based on the judgement of the Hon'ble Delhi High Court in the case of Kabul Chawla (sup ..... X X X X Extracts X X X X X X X X Extracts X X X X
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