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TMI Blog2021 (12) TMI 60X X X X Extracts X X X X X X X X Extracts X X X X ..... ing substantial questions of law are proposed in this appeal : (a) Whether on the facts and circumstances of the case and in law the Hon'ble ITAT was right in deleting the addition made u/s. 69A of the IT Act without appreciating the fact that the same is based on, documents and CD's impounded during the course of survey proceeding which shows that the assessee is indulging in the activity of re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d that the sale price payable by Devendra Singh Tomar is Rs. 57,73,000/- towards the purchase of flat, whereas the agreement value with reference to the same was Rs. 49,18,000/-. The Assessing Officer called upon respondent to show cause as to why the difference in the sale price of Rs. 8,55,000/- should not be added to the total income of respondent and further, why the same proportion should not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aside the order of the CIT (A) by an order dated 31st January 2017, which is impugned in this appeal. 4. We have considered the appeal memo and the impugned order with the assistance of Mr. Suresh Kumar and Mr. Tiwari. We do not see any reason to interfere with the order impugned. The crux is that there was no evidence found against respondent and no enquiry was carried out by the Assessin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n our view, the conclusions of the Assessing Officer and supported by CIT (A) are all conjectures. 6. In our view, the Tribunal has not committed any perversity or applied incorrect principles to the given facts and when the facts and circumstances are properly analysed and correct test is applied to decide the issue at hand, then, we do not think that question as pressed raises any substantial q ..... X X X X Extracts X X X X X X X X Extracts X X X X
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