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2019 (11) TMI 338

..... minating material was found against the assessee. However, some documents were found in search in the case of Sri L.K. Yadav. A.O. on the basis of those papers recovered from third party inferred that assessee has made payments by cheque and cash for construction of house. Copy of the seized paper is available on record which contains that “claimed but not paid”. There is no other facts stated in the seized document, therefore, it is clear that no incriminating material was found and seized during the course of search from the possession of assessee despite search was conducted in the case of assessee also The Judgment in the case of Meeta Gutgutia [2017 (5) TMI 1224 - DELHI HIGH COURT] have been confirmed by the Hon’ble S .....

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..... 43(3) and made addition of ₹ 36 lakhs in A.Y. 2012-2013 on account of undisclosed expenditure made by assessee for construction of residential property at Noida and in A.Y. 2013-2014, A.O. made addition of ₹ 37,50,000/- on account of the same which is reduced by the Ld. CIT(A) to ₹ 1,50,000/-. 3. The assessee challenged both the additions before the Ld. CIT(A). The Ld. CIT(A) reproduced the written submissions of the assessee in the impugned orders. The Ld. CIT(A) further noted that search and seizure action under section 132 of the Act was carried on 15.02.2014 in the case of AMG Group of cases at 17A Krishna Nagar, Delhi. Property No.D-343, Sector-47, Noida is owned by the assessee and residential Flat was being construc .....

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..... the assessee. He has relied upon the Judgments of Hon ble Delhi High Court in the case of CIT vs., Kabul Chawla 380 ITR 573 (Del.) and in the case of Pr. CIT vs., Meeta Gutgutia 395 ITR 526 (Del.). 5. The Ld. D.R. on the other hand, relied upon the Orders of the authorities below. 6. We have considered the rival submissions and perused the material on record. It is an admitted fact that search was conducted in the case of assessee and no incriminating material was found against the assessee. However, some documents were found in search in the case of Sri L.K. Yadav. The A.O. on the basis of those papers recovered from third party inferred that assessee has made payments by cheque and cash for construction of house. Copy of the seized paper .....

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..... held as under : 69. What weighed with the Court in the above decision was the habitual concealing of income and indulging in clandestine operations and that a person indulging in such activities can hardly be accepted to maintain meticulous books or records for long. These factors are absent in the present case. There was no justification at all for the AO to proceed on surmises and estimates without there being any incriminating material qua the AY for which he sought to make additions of franchisee commission. 70. The above distinguishing factors in Dayawanti Gupta (supra), therefore, do not detract from the settled legal position in Kabul Chawla (supra) which has been followed not only by this Court in its subsequent decisions but also b .....

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