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TMI Blog2018 (6) TMI 1660X X X X Extracts X X X X X X X X Extracts X X X X ..... f the case, Appellate Tribunal was correct in holding that Joint Commissioner while granting an approval u/s.153D of the Act, to an order passed u/s.153A of the Act, no opportunity need to be provided to the Appellant? II. Whether, on the facts and circumstances of the appellant's case, the Appellate Tribunal is right in holding the seized material corroborates the income fixed under the head "Pooja", though seized material does not disclose such income from "Pooja"? III. Whether, the Appellate Tribunal is right in its conclusion that the noting in the dairy represents payment in lakhs and the sum of Rs. 19 lakhs is an unexplained expenditure assessable in the year 2007-08? 2.As far as these issues are concerned, we have already dis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a fresh round of opportunity of hearing should be given to the Assessee by such Authority, namely, Joint Commissioner also even for approving Draft Assessment Order. It is not a case where the Assessee did not have any opportunity of hearing before any of the Authorities to defend his case and some assessment of tax has been made against him fastening the liability of tax against the Assessee. The Assessing Authority as well as the two Appellate Authorities who have concurrent powers of assessment as are available with the Assessing Authority, have admittedly heard the Assessee on the merits of the case. Therefore, we are of the opinion that no substantial question of law in this regard can be said to be arising on the basis of the office g ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essee including an entry of Mandir and Pooja of Rs. 35 lakhs for the F.Y.2005-06. Therefore, the addition made by the Assessing Officer is not based merely on statement recorded under Section 132(4) of the Act. It is pertinent to note that the assessee in the statement had estimated the undisclosed income of Rs. 75 lakhs for 3 assessment years under consideration which matches the figures and amounts shown in the seized document relating to Pooja income of Rs. 35 lakhs, Rs. 20 lakhs and Rs. 20 lakhs for the Assessment Year 2006-07 to 2008-09 respectively. We find that there is no ambiguity in the statement of assessee regarding the Pooja income which has been clearly corroborated by the seized material. Thus when there is a sufficient evide ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s written Rs. 19 lakhs in the form of "19". Therefore,the Assessing Officer treated this amount as Rs. 19 lakhs as against the claim of Rs. 19,000. The CIT [Appeals] has confirmed the action of the Assessing Officer. 47. Before us, the learned Authorised Representative of he assessee has submitted that there is nothing on record to prove that the assessee has paid the alleged amount of Rs. 58 lakhs to Mr. Hirenkumar Patel. He had submitted that the amounts noted down in the margins of the dairy entry assessee right from the beginning has explained this before the Assessing Officer. He has not paid the alleged amount of Rs. 58 lakhs as stated by the Assessing Officer what the payments were made, the same were recorded in the books of acco ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed investment being payment made by the assessee out of the books to one Mr. Hirenkumar Patel. The CIT [Appeals] while confirming the addition has granted the benefit of telescoping to the extent of an additionof Rs. 39 lakhs on account of Pooja income and therefore confirmed addition of remaining amount of Rs. 19 lakhs. The limited controversy before us is whether the abbreviated or coded amounts written in the margins of the diary at page 75 of the seized material represents the amounts in lakhs or in thousands. The Assessing Officer has considered these amounts as payments made by the assessee in lakhs and therefore calculated the total payment made by the assessee out of books of Rs. 58 lakhs. For ready reference we reproduce the entrie ..... X X X X Extracts X X X X X X X X Extracts X X X X
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