TMI Blog2020 (11) TMI 858X X X X Extracts X X X X X X X X Extracts X X X X ..... rded in the regular books of accounts of the persons to which these documents actually pertained. However, we find that the assessing officer did not establish the fact that any of the documents as found and seized was not recorded in the books of accounts of the persons to which these documents actually pertained. Therefore, we find force in the contention of the assessee that without referrin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essment year 2016-17. The assessee has raised following grounds of appeal: 1.That on the facts and in the circumstances of the case and in law, the Ld. CIT(A) erred in maintaining the addition of ₹ 10,00,000/- to the total income of the appellant merely on the basis of statement of his son as recorded under section 132(4) of the Act without properly appreciating the facts of the case ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of assessee on 05.10.2015. In response assessee filed return of income for A.Y. 2016-17 on 06.03.2017 declaring total income of ₹ 13,67,670/-. The AO made addition of ₹ 10,00,000/- on account of disclosure made during search u/s 132(4) of the IT Act. 3. Aggrieved against this the assessee preferred an appeal before the Ld. CIT(A) who also confirmed the addition made by the asses ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the Ld. counsel for the assessee and supported the orders of the authorities below. 6. We have heard rival submissions and perused the material available on record and gone through the orders of authorities below. We find that the addition was made on the basis of admission of assessee s son during the course of search. It was contended before us, that all these documents were properly record ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 13.02.2019)(Indore Tribunal) 3. Kailashben Manharlal Chokshi vs. CIT (2010)) 328 ITR 0411(Guj) 4. Pullangode Rubber Produce Co. Ltd. vs. State of Kerala (1973) 91 ITR 18(SC) 7. On consideration of above facts/submissions in the light of judicial pronouncements (Supra ) and the fact that no adverse material was filed by the revenue to controvert the factual submission advanced before us, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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